PreCheck seeks declaratory judgment in trademark infringement suit

By John Suayan, Galveston Bureau | Mar 8, 2013

HOUSTON - PreCheck Inc. seeks a declaratory judgment stating it is not using a certain term without authorization, recent court documents say.

A lawsuit filed Feb. 20 in the Houston Division of the Southern District of Texas explains that Credential Check Corp. claims the name of PreCheck's healthcare monitoring system, "CredentCheck," is an example of trademark infringement.

The suit says the defendant even demanded in a letter written earlier this month that it will initiate legal action against PreCheck if the latter does not stop using "Credential Check."

Meanwhile, PreCheck asserts it has never used Credential Check and "does not intend to do so in the future."

CredentCheck, which monitors and manages clients' needs for PreCheck, has been part of the complainant's business operation since 2006, according to the original petition.

It further states that the descriptive terms in dispute "are in the public domain and are free to be used by anyone who can truthfully employ them to describe their goods or services."

"A term that is merely descriptive is not entitled to any protection from infringement under either the U.S. Trademark Act, or the Lanham Act," the suit says.

"The plaintiff has and continues to use the term CredentCheck, as part of a healthcare license monitoring system."

A jury trial is requested.

Attorney John Pat Parsons with Lindsay, Lindsay & Parsons in Beaumont is representing PreCheck.

Case No. 4:13-CV-452

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