Milwaukee-based nonprofit
Independence First, which provides resources for people with disabilities, has filed a trademark infringement lawsuit against the organization
Independence First Health Care (IFHC).
The nonprofit is alleging IFHC, along with its operators Katori Lewis, Debbie Lewis and Tenesha Grace, are using a similar name to advertise the same services offered at Independence First, which it says is confusing clients who are looking to use the nonprofit’s services.
Since 1995, the nonprofit Independence First has operated under the same name, providing support to people with disabilities, including personal care, at-home support and more.
IFHC has a listing on the U.S. Department of Health and Human Services website which states the organization also provides “developmentally disabled services” and “in home supportive care,” according to a complaint in the case.
While the Wisconsin Department of Health Services website states IFHC’s headquarters is at a building on Executive Drive in Brookfield, that building is vacant, according to the lawsuit.
"Defendants use this fictitious business address to deceive consumers and create the impression that Independence First Health Care Inc. is a legitimate company," reads the lawsuit.
The nonprofit Independence First alleges IFHC’s unauthorized use of the “Independence First” name has caused actual confusion among health care providers and clients.
In January, a community referral specialist from Froedtert Health contacted the nonprofit Independence First to ask about the status of services for a client. After talking with that individual, the nonprofit learned she had seen an IFHC advertisement and later met with that organization. That client believed she was meeting with representatives from the Milwaukee nonprofit and gave IFHC personal information including her social security number, according to the lawsuit.
"Defendants are using the mark Independence First Health Care and false business information to advertise services they do not actually provide, intentionally deceive vulnerable consumers, solicit unsuspecting clients, and collect sensitive personal information," according to the complaint.
Independence First is seeking an order permanently stopping IFHC from continuing to use its current name and an order requiring the operators of IFHC to pay Independence First any money they made through any “acts of infringement.”
“Independence First will continue to provide excellent service and fight for the rights of people with disabilities," said the nonprofit in a statement issued Monday. "We will also continue to fight to ensure others will not take advantage of the people we serve. This matter is in litigation and we trust that the courts and judicial process will help to this end.”
