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SOUTHEAST TEXAS RECORD

Tuesday, April 16, 2024

North Texas dermatology clinics in trademark infringement battle

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A Texas company is suing over claims a similar Texas business is infringing upon its trademark through the use of a name on Google Adwords.


Flower Mound Dermatology P.A. filed a lawsuit May 8 in the Sherman Division of the Eastern District of Texas against Nicole Reed Medical PLLC, doing business as Center for Dermatology and Cosmetic Laser Surgery, Dermatology Center of Plano, Robert, Bryan and Gilbert Selkin and Google Inc., citing trademark infringement. 


According to the complaint, the defendant has used the name Flower Mound Dermatology since July 2003, but in 2010, it became aware of Nicole Reed Medical PLLC using the mark.


Nicole Reed initially complied with a cease-and-desist order, only to use the mark again in 2012 in Google's Adwords Program, the suit alleges.


Flower Mound Dermatology says the defendant complied with another cease-and-desist, but again found Nicole Reed using the mark again in 2014. Robert Selkin, a representative of Nicole Reed, responded to another cease-and-desist by saying it was Google publishing the infringing mark without the company's consent.


Flower Mound Dermatology is seeking damages, loss of profit, attorney's fees, royalties and a judgment enjoining the defendants from using the mark.


It is being represented in the case by attorneys Aaron P. Peacock, J.B. Peacock Jr. and David M. Vereeke of Gagnon Peacock & Vereeke PC in Dallas.


Sherman District Court Case No. 14-cv-00280-ALM



This is a report on a civil lawsuit filed in the Sherman District Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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