On Tuesday, the 1st of May 2018, Troy Family Dental filed a trademark claim against William J. Waters D.M.D. Troy Dental is a local clinic providing dental care to patients in Troy, Illinois while William J. Waters D.M.D is a practIsing dentist doing business under the name, Troy Dental Care located in the same city of Troy, Illinois.
According to the plaintiff, by doing business under a similar name to their already trademarked name, Waters D.M.D has caused them loss and has also committed a civil offence by infringing on their right to their trademarked name. Troy Family Dental also contends that although the names are not totally identical, they bear some semblance to each other and it is very possible that patients of Troy Family Dental or intending patients of Troy Family Dental who are not very familiar with the name of the clinic or with the staff to accidentally visit Troy Dental Care thinking that they are still patronising the same dentists.
In this civil case, the plaintiff that they only have an exclusive right to use the name and did not give the defendant any permission to use a name very similar to theirs. The plaintiff is requesting a trial by jury and a court order to stop the defendant from using the name ‘Troy Dental Care’ as well as a sum of money as damages.
What are your thoughts on this? Are the names that identical? Is Troy Family Dental justified for suing Waters?