ST. LOUIS — A diagnostic imaging service provider is suing Metro Imaging Sandy Springs LLC, Metro Imaging Buford LLC, Metro Imaging Cherokee LLC and Metro Imaging Cumming LLC, citing alleged unfair competition and false designation of origin.
Metro Imaging LLC filed a complaint on July 17 in the U.S. District Court for the Eastern District of Missouri Eastern Division, alleging that the defendants violated the Lanham Act.
According to the complaint, the plaintiff alleges that it is the registered owner of the trade name Metro Imaging. The plaintiff alleges that as a result of defendants' unlawful conduct, it has suffered and will continue to suffer irreparable harm to its reputation and goodwill unless the defendants are enjoined by the court.
The plaintiff holds the defendants responsible for allegedly adopting and using service marks and trade names that are confusingly similar to plaintiff's registered trade name.
The plaintiff requests a trial by jury and seeks an order permanently enjoining defendants from using any trade name that is confusingly similar to the plaintiff's. The plaintiff also seeks an award for actual damages as well as the defendants' profits, plus interest, attorney's fees, costs and other relief the court deems just and proper. It is represented by Daniel T. Batten of Law Office of Daniel Batten LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-01980