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Telemedicine Solutions LLC v. WoundRight Technologies, LLC

United States District Court for the Northern District of Illinois
27 F.Supp.3d 883 (2014)

Written by Rose VanHofwegen, JD

Facts

In 2005, Telemedicine Solutions (Telemedicine) (plaintiff), a company based in Illinois, created WoundRounds, a wound-management system with an online feature that tracked important wound-care information. WoundRounds was advertised extensively online and on social media platforms, eventually gaining national recognition for its wound-care services. In 2012, a new company, WoundRight Technologies (WoundRight) (defendant), was created in Wyoming. WoundRight offered the same services and products as WoundRounds, including a website and app for wound management. In addition to social media promotion, WoundRight purchased an ad on Google that would appear if a person searched for the term WoundRounds. The ad linked to the WoundRight website and said, “Considering WoundRounds? Don’t waste your time. Try the latest woundcare app for free!” Telemedicine sued WoundRight in the United States District Court for the Northern District of Illinois for trademark violation, unfair competition, and defamation. WoundRight moved to dismiss for lack of personal jurisdiction because it did not have a physical presence in Illinois, had never specifically marketed to Illinois residents, and never had any meaningful contact with Illinois. The district court considered the motion.

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Holding and Reasoning (Dow, J.)

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