Does the Zoom+ logo, with its simple light blue cross, too closely resemble that of Blue Cross and Blue Shield?
The Blue Cross association thinks so. It’s suing Zoom+ for trademark infringement in U.S. District Court for the Western District of Washington in Seattle.
“The Blue Cross Marks have long been famous; and the Blue Cross Marks were famous long before (Zoom’s) adoption or use of its mark at issue,” the lawsuit states.
Zoom’s use of its logo may cause “confusion, mistake and deception in the public mind,” Blue Cross argues.
The suit names Hillsboro-based Zoom Care, which now goes by Zoom+ Performance Health Insurance, as part of a rebrand earlier this year. CEO Dave Sanders had no comment on the suit.
Chicago-based Blue Cross Blue Shield encompasses 36 independent, locally operated companies, including Regence Blue Cross Blue Shield of Oregon and Premera Blue Cross in Washington. The plans provide health insurance for one in three Americans, or more than 106 million people.
“The Blue Cross and Blue Shield brands are among the most recognized in the health and health-related industries in the United States — and, indeed, in any industry,” the suit states.
The association has licensed the use of its marks to the member plans since the 1930s and it owns more than 200 valid U.S. federal trademark and service mark registrations.
Blue Cross contends annual gross revenue under the Blue Marks “has totaled hundreds of billions of dollars,” and it spends millions on “advertising and promoting its marks, services, products and image, thereby creating substantial goodwill in the marketplace.”
“The Blue Marks are an asset of incalculable value,” the suit states.
Zoom filed two applications for federal registration of new marks in late April. Zoom uses its logo for its insurance products, as well as its network of neighborhood-based clinics in Portland and Seattle.
Blue Cross incorporated images into its complaint, including a photo of a Zoom sign it contends “shows how the main and lasting impression to any passersby is the blue cross.” Furthermore, it sent a letter to Zoom in late May asking it to “cease and desist from any further use of blue-cross design marks.”
Blue Cross is asking for an award of “a multiplier of damages of up to three times under Section 35 of the Lanham Act” and attorneys’ fees.
Date: October 5, 2015