Fertility Centers accuses IntegraMed of infringing its 201cIVF ASSIST 201d trademark. Fertility Centers began using the mark in 2011 in connection with a cost-effective in vitro fertilization program, and has promoted the program extensively, including through its website. The mark was registered in 2012, and has become incontestable. IntegraMed offers a similar program under the name 201cAttain IVF Assist, 201d and at one time simply 201cIVF Assist, 201d which IntegraMed described as inadvertent in response to a cease and desist letter. IntegraMed removed the stand-alone use of 201cIVF Assist, 201d but refused to stop using the 201cAttain IVF Assist 201d mark. Fertility Centers asserts that IntegraMed also uses the 201cIVF Assist 201d mark in metadata to drive search results to their site. In addition to trademark infringement, Fertility Centers brings claims of federal and state unfair competition and false designation of origin.
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