A judge dismissed a trademark infringement lawsuit against a St. Louis hospital, allowing the facility to keep its name.
Homer G. Phillips Memorial Hospital, which was named for a late Missouri civil rights icon, opened in January. The Homer G. Phillips Nurses' Alumni Association, whose members attended a now-defunct nursing school named for Mr. Phillips, sued the hospital, claiming it infringed on the group's trademark.
A St. Louis County circuit court judge ruled in favor of the hospital, dismissing the case Aug. 30.
"It is not reasonable to believe that someone looking for an alumni organization for a nursing school would be so confused as to end up at a hospital that claims no affiliation with the original nursing school," Judge Heather Cunningham wrote in her decision.
The group said it may appeal the decision. "The nurses remain the only entity in the nation with a licensed trademark on the name 'Homer G. Phillips,'" association president Yvonne Jones told Becker's in a statement. "The nurses, just like the Red Cross, should be able to control the use of their trademark. Just as the defendant hospital should not get to operate using the name of the Red Cross, it should not get to operate using our name without our permission."
Mr. Phillips, a lawyer, fought to get a hospital built to serve Black residents of St. Louis before he was shot to death in 1931. The original Homer G. Phillips Hospital, which had about 700 beds and the nursing school, opened in 1937 before closing in 1979.
"We are on the national registry as far as our building; as far as I'm concerned, there is no other Homer G. Phillips, and there will never be another one," nursing school alumna Lois Collier-Jackson told Fox 2 in St. Louis. "You can't really compare those two."
The new hospital has 15 emergency department beds and three inpatient beds.
"Our only goal was to honor the life and legacy of Homer G. Phillips and all he did to improve the lives of everyone in our community," hospital board member Darryl Piggee told Becker's in an emailed statement. "We are proud that our dedicated staff of physicians, nurses and support professionals ... have already treated over 3,000 patients from the community since we opened our doors in January."