WebMD Commences Litigation for Trademark Infringement Against Everyday Health

WebMD Health Corp.

, the leading source of health information today announced that its subsidiary, WebMD LLC, has commenced litigation against Everyday Health Media LLC, a subsidiary of Everyday Health, Inc.

, for trademark infringement, false advertising and unfair competition. WebMD's complaint, filed today in the United States District Court for the Southern District of New York, shows that Everyday Health is using the WebMD trademark on Everyday Health's web pages; in Everyday Health website addresses; and in search advertising campaigns to deceive and mislead consumers into believing they are visiting WebMD's trusted health and wellness resources. WebMD believes that these practices also mislead advertisers whose ads are placed by Everyday Health on areas of its website that infringe WebMD's brands. These activities infringe on WebMD's trademarks and go well beyond the legally permissible practice of simply buying search terms against a competitor's name. "We are committed to protecting the integrity of the WebMD brand," said David Schlanger, CEO of WebMD. "Millions of consumers and health care professionals rely on WebMD for its trusted and credible health information. Today's action is necessary to protect our brand, uphold our high quality standards, and defend the trust our users and advertisers have placed in WebMD." WebMD believes Everyday Health's conduct constitutes trademark infringement, false advertising and unfair competition under the Lanham Act, 15 U.S.C. Sec. 1114(a), 1125(a), trademark dilution under the Lanham Act, 15 U.S.C. Sec. 1125(c) and New York State law, and deceptive acts, false advertising, misrepresentation and unjust enrichment under New York State law. WebMD is seeking a permanent injunction barring Everyday Health from engaging in such illegal acts, damages for the harm to WebMD's business and reputation, an accounting of the profits Everyday Health secured for itself from its wrongful conduct, and the attorneys' fees and costs incurred by WebMD in enforcing these laws against Everyday Health's willful misconduct.