Reproductive Options sues over trademark
Reproductive Options of Illinois Inc., a company that provides egg-donor services for infertile couples, sued an Ohio- based competitor for trademark infringement.
Conceivable Beginnings LLC, of Terrace Park, Ohio, is accused of infringing Reproductive Options' "ConceiveAbilities" trademarks, according to the case filed Jan. 20 in federal court in Chicago.
Chicago-based Reproductive Options has used the mark since November 2000 and received its first U.S. trademark registration for the term in October 2002. It does business under that name.
Its trademarks for "ConceiveAbilities" cover use of the term for recruiting egg donors, providing intended parents with access to recruited egg donors, facilitating agreements between the parties for the purpose of creating embryos for in-vitro fertilization, and providing fertility consultation.
Reproductive Options claims Conceivable Beginnings has used "conceivabilities" for less than two years in connection with providing similar human egg-donor recruiting services.
Conceivable Beginnings' use of the term is likely to cause "confusion, mistake or deception," according to court papers.
Reproductive Options asked the court to order Conceivable Beginnings to quit infringing its trademark, and to bar use of the "Conceivable Beginnings" name. It seeks an accounting and award of profits from Conceivable Beginnings' alleged infringement, and additional money damages.
In September 2007, Reproductive Options filed a similar trademark-infringement suit against Conceivable Solutions Inc., of Lake Forest, Illinois. That case settled in November 2007.
That case was Reproductive Options of Illinois Inc. v. Conceivable Solutions, 1:07-cv-05012.
Patrick J. Arnold Jr. and Sarah A. Kofflin of Chicago's McAndrews, Held & Malloy represent Reproductive Options in the case against Conceivable Beginnings. Arnold also represented Reproductive Options in the case against Conceivable Solutions.
The case is Reproductive Options of Illinois Inc. v. Conceivable Beginnings LLC, 1:09-cv-00349, U.S. District Court, Northern District of Illinois (Chicago).