On August 6, 2012, Home Instead hit Q&A Health Services, L.L.C., DFW Community Connect, L.L.C., 1st DFW Community Connection, Inc., 1st Q&A Health Services, Inc., Regenia H. Butler f/k/a Regenia H. Armstrong, and Christy Hafford (“defendants”) with a trademark infringement lawsuit (complaint available here). Home Instead claims that it is in the business of providing “non-medical companionship and domestic care services for senior citizens.” Home Instead, according to the complaint, “identifies [its unique management and business system for non-medical companionship and domestic care services] by means of certain valid and legally protected federal trademarks, service marks, logos, and other commercial symbols, including, but not limited to, HOME INSTEAD® and HOME INSTEAD SENIOR CARE®[.]”
Defendants, according to Home Instead, conspired with one of its former franchisees to “compete with Home Instead’s franchised businesses, misappropriate Home Instead’s trade secrets, and assist [the franchisee] to evade [its] contractual obligations to Home Instead”; misappropriated Home Instead’s trade secrets; and violated the Lanham Act by “passing off” their services as Home Instead’s. Home Instead seeks, among other things, damages (including punitive damages), attorney’s fees, and an injunction.
Judge Godbey has been assigned the case.
Home Instead is represented by Deborah Coldwell, Laura Warrick, and William White, all of Haynes & Boone LLP; and Adam Barney, Theresa Koller, and Trenten Bausch, all of Cline Williams Wright Johnson & Oldfather LLP.