Healix Infusion Therapy v. Helix Health, Civil No. H-08-0337 (S.D. Tex. 2008).
Status: Fraud and trademark claims dismissed; cybersquatting claim remains

Blogger Steven Murphy is a medical doctor in Connecticut whose blog, the Gene Sherpa (thegenesherpa.blogspot.com), discusses "personalized medicine," medical care customized to a patient's genetic and environmental background. The blog links to and often discusses Helix Health, a company that provides referrals to physicians who practice personalized medicine, and includes its logo.

Healix Infusion Therapy, an unrelated Texas company, holds the trademark for the term "Healix Health."

In 2007, Murphy, acting on behalf of Helix Health, filed an application for the trademark "Helix Health." Healix Infusion Therapy found out about the application, and filed a notice of opposition that it would be confusingly similar to its "Healix Health" trademark. After negotiations to resolve the dispute failed, Healix sued Murphy and Helix in federal court in Texas.

Regarding the claims against Murphy, the court dismissed the fraud claim for lack of evidence, and dismissed the trademark claim after finding that it did not have personal jurisdiction over Murphy. But it allowed the cybersquatting claim to continue. And it dismissed all the claims against Helix for lack of personal jurisdiction.

Links and Court Documents:

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