Broward Rehab Centers, Inc. (BRC) the owner of the federally registered 411PAIN trademark (U.S. Reg. No. 2,621,497), recently won a lawsuit against competitor 888-444-PAIN, Inc. The judgment awarded BRC $5,000,000 in damages and a permanent injunction against 888-444-PAIN, Inc. from using ‘411’, ‘PAIN’ or any confusingly similar variation thereof.
The court found that BRC’s 411PAIN trademark is distinctive and has acquired consumer recognition and symbolizes the goodwill that 411PAIN has created amongst consumers looking for information about auto accidents, slip and fall accidents and other types of accidental injuries throughout the United States.
On their BusinessWire article Broward Rehab Center, Inc. (411PAIN) Obtains $5 Million Dollar Judgment and a Permanent Injunction against Competitor Using 444PAIN, BRC/411PAIN provides readers with a short history of the company;
“411 was launched in Florida in 1996 and has since expanded nationwide to include, Minnesota, Massachusetts, Tennessee, Georgia, Kentucky and Delaware. Due to the success of their advertising campaign most people are now familiar with the now iconic commercials which advertise the trademarked phrase, After 911, Call 411, 1-800-411-PAIN.”
BRC remains firm in its stance that it will vigorously defend any use of 411 or PAIN and notes in the same article that;
“411PAIN puts other infringers in the same or similar category of services on notice that any use of the mark 411-PAIN, or any confusingly similar variations of “411” and “PAIN” alone or in combination with any other letters, words, letter strings, phrases, or designs in commerce or in connection with any business or for any other purpose including, but not limited to, on web sites, in domain names, as names for business entities, or in mnemonic telephone numbers, they will be stopped.”