WebMD: Litigation Against Everyday Health For Trademark Violation

(RTTNews) - Health information services provider WebMD Health Corp (WBMD) said Thursday its subsidiary, WebMD LLC, has commenced litigation against Everyday Health Media LLC, a pat of Everyday Health Inc (EVDY), for trademark infringement, false advertising and unfair competition.

WebMD's complaint, filed in the United States District Court for the Southern District of New York, shows that Everyday Health is using the WebMD trademark on Everyday's web pages, website addresses and in search advertising campaigns to mislead consumers into believing they are visiting WebMD's health and wellness resources.

WebMD believes that these practices also mislead advertisers whose ads are placed by Everyday Health on areas of its website that infringe WebMD's brands. These activities infringe on WebMD's trademarks and go well beyond the legally permissible practice of simply buying search terms against a competitor's name.

WebMD is seeking a permanent injunction barring Everyday Health from engaging in such acts, damages for the harm to WebMD's business and reputation, an accounting of the profits Everyday Health secured for itself from its wrongful conduct, and the attorneys' fees and costs incurred by WebMD.