Complaint Us Afip

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLAND

)UNITED STATES OF AMERICA, )United States Attorney’s Office)36 South Charles Street)Fourth Floor)Baltimore, Maryland 21201))Plaintiff,))v.)Civil Action No. 09-2908)AFIP LABORATORIES, INC., d/b/a AIPL,)8403 Colesville Road, Suite 1600)Silver Spring, Maryland 20910)Montgomery County))DAVID G. BOSTWICK, )4724 Lake Calabay Drive)Orlando, Florida 32837))and ))EVAN R. FARMER,)580 Mowbray Arch) Norfolk, Virginia 23507))Defendants. ))

COMPLAINT FOR TRADEMARK INFRINGEMENT,UNFAIR COMPETITION, ANDFALSE AND MISLEADING REPRESENTATIONS OF FACT

Plaintiff United States of America (“United States”), for its Complaint against AFIPLaboratories, Inc. (“AFIP Laboratories”), David G. Bostwick, and Evan R. Farmer avers asfollows:

2 NATURE OF THIS ACTION1.This is an action for injunctive relief, damages, costs, and attorney’s fees for violations by Defendants to intellectual property rights owned by the United States. Theseviolations consist of trademark infringement, unfair competition, and false or misleadingdescriptions and representations of fact in commercial advertising.2.The Defendants have engaged in trademark infringement of the registeredtrademark “Ask AFIP,” in violation of the Trademark Act, 15 U.S.C. §§ 1051-1127, through theuses of the confusingly similar tradenames “AFIP Laboratories” and “AIPL,” and the uses of thedomain name “afiplaboratories.com” and telephone number 1-877-AFIPLAB through whichDefendants market and provide consultative pathology services.3.The Defendants have engaged in unfair competition and false or misleadingrepresentations and descriptions of fact in violation of the Trademark Act, 15 U.S.C. § 1125(a), by falsely creating the impression that their AFIP Laboratories is associated with, or endorsed by,the United States and in particular the “Armed Forces Institute of Pathology,” an agency of theUnited States. Defendants’ uses of the tradenames “AFIP Laboratories” and “AIPL” which aresubstantially similar to “Armed Forces Institute of Pathology” and “AFIP,” the name andacronym continuously used by the United States since 1949 in connection with its pathology andradiology laboratory. Defendants’ advertisement and press releases promoting their pathologyservices repeatedly references “AFIP” and the “Armed Forces Institute of Pathology,” and statescharacteristics relevant to the Institute, and not to Defendants’ services.

34.For the foregoing reasons, the United States seeks,

inter alia

, damages, costs andattorneys fees, impounding and disposition of infringing materials and means of infringement,and to preliminarily and permanently enjoin the Defendants jointly and severally fromdeveloping, promoting, distributing, providing, and selling pathology services in violation of Plaintiff’s rights under federal law.THE PARTIES5.The Armed Forces Institute of Pathology (“the Institute”) is an agency of theUnited States Department of Defense with its headquarters in the District of Columbia. TheInstitute is responsible for providing consultation, education, and research in the areas of pathology and radiology.6.Defendant AFIP Laboratories is a Maryland corporation engaged in providingdiagnostic consultative anatomic pathology services. AFIP Laboratories’ principal place of business is located in Silver Spring, Maryland.7.Upon information and belief, Defendant David G. Bostwick resides at 4724 LakeCalabay Drive, Orlando, Florida. David G. Bostwick has been identified as the initial founder,the initial director, and a principal of AFIP Laboratories.8.Upon information and belief, Defendant David G. Bostwick is responsible for governing the affairs and activities of AFIP Laboratories and is legally responsible for theconduct of AFIP Laboratories.9.Upon information and belief, Defendant Evan R. Farmer is a resident of the Stateof Virginia. Defendant Evan R. Farmer has been identified as the Director of AFIP Laboratories.