Case 0:09-cv-02274-DWF-RLE Document 1 Filed 08/28/09 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA

UnitedHealth Group Incorporated §

§
Plaintiff, §
§
v. §
§ CIVIL ACTION NO. _____________
John Doe a/k/a “dwight coppes,” §
§
Defendant. §

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff UnitedHealth Group Incorporated, appearing through undersigned

counsel, states as follows:

PARTIES

1. Plaintiff UnitedHealth Group Incorporated (“UnitedHealth” or “Plaintiff”)

is a Minnesota corporation and has a principal place of business at 9900 Bren Road East,

Minnetonka, Minnesota 53443.

2. The identity and location Defendant John Doe a/k/a “dwight coppes” are

unknown at this time. UnitedHealth has filed a Motion for Expedited Discovery that will

allow it to obtain the information necessary to ascertain the identity of Defendant John

Doe.

NATURE OF THIS ACTION; JURISDICTION OF THE COURT

3. This is an action for trademark infringement, dilution, and unfair

competition under the Trademark Act of 1946, as amended, 15 U.S.C. §§ 1051 et seq.

(“Lanham Act”), and for trademark infringement, dilution, unfair competition, violations
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of the Minnesota Deceptive Trade Practice Act, unjust enrichment under the law of

Minnesota and other states where the Defendant is conducting his illegal activities, and

other claims specified herein.

4. This Court has jurisdiction over the subject matter of this action under 15

U.S.C. § 1121, 28 U.S.C. §§ 1331 and 1338 (a) and (b), and has supplemental jurisdiction

under 28 U.S.C. § 1367(a) over UnitedHealth ’s claims under state law.

5. Upon information and belief, Defendant John Doe is the operator of an

interactive Internet site and has intentionally directed advertising and information through

this interactive Internet site to residents of Minnesota.

6. The injury from Doe’s unlawful acts are being felt primarily in this judicial

district where UnitedHealth is headquartered.

UNITEDHEALTH AND ITS MARKS

7. Since at least as early as 1984, UnitedHealth has been engaged in the

business of providing insurance and health-related services. Over time, such services

have included, but are not limited to, health care cost management services, managed

health care services, insurance services, administration services for health care benefit

plans, underwriting and claims administration for health and life insurance, pharmacy and

medical management, behavioral health services, dental and vision services and

providing its customers with information about various health care providers.

8. UnitedHealth is an innovative leader in the health and well-being industry.

Comprised of a highly diversified family of companies offering services in the health and

well-being industry, UnitedHealth serves approximately 70 million Americans and has

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revenues exceeding $70 billion annually.

9. Since at least as early as July 24, 1984, UnitedHealth has continuously used

the mark UNITEDHEALTHCARE in connection with health and insurance related

services.

10. UnitedHealth owns several federal registrations for marks comprised of or

incorporating the marks UNITEDHEALTH and UNITEDHEALTHCARE (collectively,

the “UNITEDHEALTH Marks”). A list of the UNITEDHEALTH Marks is incorporated

by reference and attached hereto as Exhibit A.

11. The UNITEDHEALTH Marks are valid and subsisting and have been used

continuously by UnitedHealth since the date of first use set forth in the referenced

registrations.

12. In addition, the registrations for UNITEDHEALTH PASSPORT (Reg. No.

2,248,887), UNITEDHEALTH GROUP (Reg. No. 2,635,728) and

UNITEDHEALTHCARE ONLINE & Design (Reg. No. 2,648,947) are incontestable

under the provisions of 15 U.S.C. § 1065.

13. As a result of the long use and promotion of the UNITEDHEALTH Marks

by UnitedHealth, the UNITEDHEALTH Marks have become distinctive to designate

UnitedHealth, to distinguish UnitedHealth and its products and services from those of

other businesses, and to distinguish the source or origin of UnitedHealth’s products and

services. As a result of those efforts by UnitedHealth, the relevant customers and

consumers throughout the United States widely recognize and associate the

UNITEDHEALTH Marks with UnitedHealth and its products and services.

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14. As a result of UnitedHealth’s long use and promotion of the

UNITEDHEALTH Marks, UnitedHealth has acquired valuable common law rights in the

UnitedHealth Marks throughout the United States.

15. The UNITEDHEALTH Marks have become famous due to their extensive

advertising, promotion and sales.

16. UnitedHealth operates several Internet sites related to its services which

wholly or partially incorporate the UNITEDHEALTH Marks, including

www.unitedhealthgroup.com, www.unitedhealthcare.com, and www.uhc.com.

DEFENDANT AND ITS ACTIVITIES

17. On information and belief, Defendant, using the alias “dwight coppes,”

registered the domain name “healthcare-united.biz” on June 22, 2009. Also on

information and belief, Defendant is using this alias to hide his identity from

UnitedHealth. For example, Defendant lists a shopping mall in Quebec, Canada as his

“address” in his domain name registration for “healthcare-united.biz.”

18. On or about August 25, 2009, UnitedHealth learned that Defendant is using

UnitedHealth’s famous UNITEDHEALTHCARE trademark on the http://www.

healthcare-united.biz Internet site to solicit bank account information and defraud

consumers in violation of federal and state law. Copies of the printed pages of

Defendant’s site are attached hereto as Exhibit B.

19. Defendant’s site is obviously intended to deceive UnitedHealth’s customers

into believing that Defendant’s site is affiliated with UnitedHealth. For example,

Defendant’s site prominently features the name and mark “United Health Care” and

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describes services similar to those provided by UnitedHealth.

20. The http://www.healthcare-united.biz Internet site was hosted by

Homestead Technologies, Inc. (“Homestead”). Upon learning of Defendant’s activities,

UnitedHealth immediately contacted Homestead and demanded that the site be disabled.

Homestead agreed that the site violated its Terms of Service and has disabled the site.

Correspondence between UnitedHealth and Homestead related to this matter is attached

hereto as Exhibit C.

21. UnitedHealth is aware of at least one consumer who has been defrauded by

Defendant through an electronic funds transfer, and has reason to believe that Defendant

has defrauded others. Defendant also quotes prices in, and accepts, United States dollars

through its Internet site.

22. The “United Health Care” name and mark, the “healthcare-united.biz”

domain name and Internet site, and all associated uses by Defendant are hereafter referred

to as the “Infringing Marks.”

23. Defendant began his infringement of the UNITEDHEALTH Marks with

full knowledge of UnitedHealth’s prior registration and prior use of the

UNITEDHEALTH Marks for directly competing goods. On information and belief,

Defendant undertook these actions with the intent of confusing consumers, so that he

could trade on and receive the benefit of the goodwill built up by UnitedHealth at great

labor and expense over many years.

24. Defendant does not have UnitedHealth’s permission to use the

UNITEDHEALTH Marks or the Infringing Marks.

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25. The use of the Infringing Marks by Defendant constitutes use of spurious

marks which are identical to or substantially indistinguishable from the

UNITEDHEALTH Marks.

26. Defendant is using the Infringing Marks in commerce in the United States,

and in this District, in direct competition with UnitedHealth.

27. Defendant began utilizing the Infringing Marks long after UnitedHealth’s

began use of the UNITEDHEALTH Marks, and long after the UNITEDHEALTH Marks

became famous.

EFFECT OF DEFENDANT’S ACTIVITIES ON THE

CONSUMING PUBLIC AND/OR UNITEDHEALTH

28. The use of the Infringing Marks by Defendant in the manner described

above is likely to cause confusion, to cause mistake, and/or to deceive customers and

potential customers of the parties, at least as to some affiliation, connection or association

of Defendant with UnitedHealth, or as to the origin, sponsorship, or approval of the

goods and/or website of Defendant by UnitedHealth.

29. On information and belief, use of the Infringing Marks by Defendant has

caused consumers to suffer confusion as to some affiliation, connection or association of

Defendant with UnitedHealth, or as to the origin, sponsorship, or approval of the goods

and/or website of Defendant by UnitedHealth.

30. Use in commerce of the Infringing Marks by Defendant is likely to cause

dilution of the distinctive quality of the UNITEDHEALTH Marks.

31. Use of the Infringing Marks by Defendant in the manner described above

falsely indicates to the purchasing public that the goods and/or website of Defendant

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originate with UnitedHealth, or are affiliated, connected or associated with UnitedHealth,

or are sponsored, endorsed, or approved by UnitedHealth, or are in some manner related

to UnitedHealth.

32. Use of the Infringing Marks by Defendant in the manner described above

falsely designates the origin of the goods and/or website of Defendant, and falsely and

misleadingly describes and represents material facts with respect to the goods, websites

and/or commercial activities of Defendant.

33. Use of the Infringing Marks by Defendant in the manner described above

enables Defendant to trade on and receive the benefit of goodwill in those marks, which

UnitedHealth has built up at great labor and expense over many years. Use of the

Infringing Marks by Defendant in the manner described above also enables Defendant to

gain acceptance for his goods and/or website, not solely on his own merits, but on the

reputation and goodwill of UnitedHealth and the UNITEDHEALTH Marks.

34. Use of the Infringing Marks by Defendant in the manner described above

unjustly enriches Defendant at UnitedHealth’s expense.

35. Use of the Infringing Marks by Defendant in the manner described above

removes from UnitedHealth the ability to control the nature and quality of products

provided under those marks and places the valuable reputation and goodwill of

UnitedHealth in the hands of Defendant, over whom UnitedHealth has no control.

36. The activities of Defendant have caused irreparable injury to UnitedHealth

and to the public and, unless restrained by this Court, will continue to cause irreparable

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injury to UnitedHealth and to the public. There is no adequate remedy at law for this

injury.

COUNT I: FEDERAL TRADEMARK INFRINGEMENT

37. UnitedHealth repeats the allegations above as if fully set forth herein.

38. The acts of Defendant complained of herein constitute infringement of the

federally registered UNITEDHEALTH Marks in violation of 15 U.S.C. § 1114(1).

39. The actions by Defendant described herein have been willful and in bad

faith making this an exceptional case within the meaning of 15 U.S.C. § 1117(a).

40. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT II: FEDERAL COMMON LAW TRADEMARK INFRINGEMENT

41. UnitedHealth repeats the allegations above as if fully set forth herein.

42. The acts of Defendant complained of herein constitute trademark

infringement of the UNITEDHEALTH Marks in violation of Section 43(a) of the

Lanham Act, 15 U.S.C. § 1125(a).

43. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT III: FEDERAL TRADEMARK COUNTERFEITING

44. UnitedHealth repeats the allegations above as if fully set forth herein.

45. The acts of Defendant complained of herein constitute counterfeiting in

violation of Sections 34(d) and 35(c) of the Lanham Act, 15 U.S.C. §§ 1116(d), 1117(c).

46. UnitedHealth has been damaged by the acts of Defendant in an amount

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currently unknown.

COUNT IV: FEDERAL DILUTION

47. UnitedHealth repeats the allegations above as if fully set forth herein.

48. The acts of Defendant complained of herein constitute dilution in violation

of the Federal Trademark Dilution Act, 15 U.S.C. § 1125(c), as amended.

49. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT V: FEDERAL UNFAIR COMPETITION

50. UnitedHealth repeats the allegations above as if fully set forth herein.

51. The acts of Defendant complained of herein constitute unfair competition in

violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

52. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT VI: FEDERAL FALSE ADVERTISING

53. UnitedHealth repeats the allegations above as if fully set forth herein.

54. The acts of Defendant complained of herein constitute false advertising in

violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

55. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT VII: FEDERAL CYBERSQUATTING

56. UnitedHealth repeats the allegations above as if fully set forth herein.

57. Defendant have registered, trafficked in, and/or used the “healthcare-

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united.biz” domain name.

58. The “healthcare-united.biz” domain name of Defendant is identical or

confusingly similar to the UNITEDHEALTH Marks.

59. The UNITEDHEALTH Marks were distinctive at the time Defendant

registered the “healthcare-united.biz” domain name.

60. The acts of Defendant complained of herein evidence his bad faith intent to

profit from the UNITEDHEALTH Marks.

61. The acts of Defendant complained of herein constitute cybersquatting in

violation of Section 43(d) of the Lanham Act, 15 U.S.C. § 1125(d).

62. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT VII: COMMON LAW TRADEMARK INFRINGEMENT

63. UnitedHealth repeats the allegations above as if fully set forth herein.

64. The acts of Defendant complained of herein constitute trademark

infringement in violation of the common law of Minnesota and other states where

Defendant is conducting his activities.

65. The actions of Defendant have been conducted maliciously, fraudulently,

deliberately, and intentionally to divert sales from UnitedHealth and inflict injury on

UnitedHealth.

66. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

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COUNT IX: DILUTION UNDER STATE LAW

67. UnitedHealth repeats the allegations above as if fully set forth herein.

68. The acts of Defendant complained of herein constitute dilution of

UnitedHealth’s famous trademarks in violation of Minnesota’s anti-dilution statute,

Minn. Stat. § 333.285, and the anti-dilution laws of the other states in which Defendant

has committed the acts alleged above.

69. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT X: COMMON LAW UNFAIR COMPETITION

70. UnitedHealth repeats the allegations above as if fully set forth herein.

71. The acts of Defendant complained of herein constitute unfair competition in

violation of the common law of Minnesota and other states where Defendant is

conducting his activities.

72. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT XI: COMMON LAW PASSING OFF

73. UnitedHealth repeats the allegations above as if fully set forth herein.

74. The acts of Defendant complained of herein constitute passing off in

violation of the common law of Minnesota and other states where Defendant is

conducting his activities.

75. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

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COUNT XII: DECEPTIVE TRADE PRACTICES UNDER

THE MINNESOTA DECEPTIVE TRADE PRACTICE ACT

76. UnitedHealth repeats the allegations above as if fully set forth herein.

77. The acts of Defendant in Minnesota constitute willful and knowing

deceptive trade practices, in violation of the Minnesota Deceptive Trade Practice Act,

Minn. Stat. § 325D.44.

78. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT XII: UNJUST ENRICHMENT

79. UnitedHealth repeats the allegations above as if fully set forth herein.

80. The acts of Defendant complained of herein constitute unjust enrichment of

Defendant at the expense of UnitedHealth.

81. UnitedHealth has been damaged by the acts of Defendant in an amount

currently unknown.

COUNT XIII: APPLICATION FOR PRELIMINARY

AND PERMANENT INJUNCTION

82. UnitedHealth repeats the allegations above as if fully set forth herein.

83. Defendant has damaged UnitedHealth, and are continuing to damage

UnitedHealth, by the illegal acts complained of herein. Unless Defendant is restrained

by this Court, Defendant will cause irreparable injury to UnitedHealth for which there is

no adequate remedy at law.

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PRAYER FOR RELIEF

WHEREFORE, UnitedHealth prays for entry of judgment against Defendant as

follows:

1. Defendant, his officers, agents, servants, employees, attorneys, and all

those persons in active concert or participation with them be preliminarily and

permanently enjoined and restrained:

(a) From using the Infringing Marks, or the UNITEDHEALTH Marks (or any

variation thereof, whether alone or in combination with any other word(s)

or element(s)), or any mark, name, domain name, or other designation

which depicts, contains, or consists of any name, mark, or designation

confusingly similar to the UNITEDHEALTH Marks;

(b) From owning or operating an Internet site at any domain containing

“united,” “health,” their phonetic or foreign language equivalents, or any

other word, mark, name, domain name, or other designation which depicts,

contains, or consists of any word, mark, name, domain name, or other

designation confusingly similar to the UNITEDHEALTH Marks

(c) From selling, attempting to sell, advertising, promoting, displaying, or

otherwise distributing (whether in physical or electronic form) any goods or

services of any kind bearing or affiliated in any way with the Infringing

Marks, the UNITEDHEALTH Marks (or any variation thereof, whether

alone or in combination with any other word(s) or element(s)), or any other

name, mark, or designation confusingly similar to the UNITEDHEALTH

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Marks, including, but not limited to, health care cost management services,

managed health care services, insurance services, administration services

for health care benefit plans, underwriting and claims administration for

health and life insurance, pharmacy and medical management, behavioral

health services, dental and vision services, or providing customers with

information about various health care providers.

(d) From registering, attempting to register, hosting, or maintaining any

trademark, trade name, domain name, trade designation, Internet site, or

other indicia of origin or source containing the Infringing Marks, or the

UNITEDHEALTH Marks (or any variation thereof, whether alone or in

combination with any other word(s) or element(s)), or any mark, name,

domain name, or other designation which depicts, contains, or consists of

any name or mark confusingly similar to the UNITEDHEALTH Marks,

including but not limited to “healthcare-united.biz”;

(e) From committing any acts or making any statements calculated, or the

reasonably foreseeable consequence of which would be, to infringe or

dilute the UNITEDHEALTH Marks;

(f) From committing any acts or making any statements calculated, or the

reasonably foreseeable consequence of which would be, to infringe any of

UnitedHealth’s trademark rights in the UNITEDHEALTH Marks, or to

confuse, mislead, or deceive consumers as to sponsorship, approval or

affiliation of UnitedHealth by, with, or of Defendant; and

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(g) From conspiring with, aiding, assisting or abetting any other person or

business entity in engaging in or performing any of the activities referred to

in subparagraphs (a) through (e) above;

2. Consistent with paragraph (1) above, Defendant will remove all content

from any Internet site, and remove from sale or display, and recall, any and all

membership cards, products, catalogs, advertisements, and any other items bearing

“healthcare-united.biz,” the Infringing Marks, or the UNITEDHEALTH Marks, or any

word or words confusingly similar thereto. Defendant will also submit to the Court and

serve upon UnitedHealth within 30 days after the entry and service of an injunction, a

written report detailing: (a) the number of hits to the www.healthcare-united.biz Internet

site (the “Infringing Site”); (b) the number of people who submitted the form on the

“Check out” page of the Infringing Site; (c) the identity of every person who submitted

the form on the “Check out” page of the Infringing Site; (d) the identify of every person

contacted by Defendant based in whole or in part on information submitted through the

Infringing Site; (e) the number of membership cards issued by Defendant; (f) the amount

and source of all money collected by Defendant with information submitted through the

Infringing Site; (g) the number of membership cards issued by Defendant; (h) the identity

of every person to whom Defendant issued a membership card; (i) the number of

products (including services), catalogs, advertisements, and any other items produced,

sold, or distributed by Defendant or others under his control bearing the “healthcare-

united.biz,” the Infringing Marks, the UNITEDHEALTH Marks, or any word or words

confusingly similar thereto; (j) the number of products (including services), catalogs,

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advertisements, and any other items removed in response to the removal and recall; (k)

the number of products, catalogs, advertisements, and any other items Defendant received

in response to the removal and recall; (l) the amount of such all products, catalogs,

advertisements, and other items in inventory; and (m) the physical location of all such

products, catalogs, advertisements, and any other items received in response to the

removal and recall, separately identifying each item;

3. Defendant be required to deliver to the Court for destruction, or show proof

of destruction of, any and all products, labels, signs, prints, advertisements, signage,

packages, wrappers, catalogs, internet web pages, and any other materials in its

possession or control bearing or depicting “healthcare-united.biz,” the Infringing Marks,

or the UNITEDHEALTH Marks, or any other mark, name, or designation confusingly

similar thereto (or any variation thereof, whether alone or in combination with any other

word(s) or element(s)).

4. Defendant be required to within 30 days after entry and service of an

injunction, submit to the Court and serve upon UnitedHealth a list of all domain names

containing a generic top-level domain or the .us country-code top-level domain

incorporating “healthcare-united.biz,” the Infringing Marks, or UNITEDHEALTH

Marks, or any word or words confusingly similar thereto. Defendant will then be

required to transfer to UnitedHealth all such identified domain names, including without

limitation “healthcare-united.biz”;

5. Defendant be ordered to file with this Court and to serve upon

UnitedHealth within thirty (30) days after the entry and service on Defendant of an

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injunction, a report in writing and under oath setting forth in detail the manner and form

in which Defendant have complied with the injunction;

6. UnitedHealth recover all damages it has sustained as a result of the

activities of Defendant;

7. Pursuant to 15 U.S.C. § 1117, UnitedHealth be awarded treble damages and

attorneys’ fees for willful infringement;

8. An accounting be directed to determine the profits of Defendant resulting

from the activities complained of herein, and that such profits be paid over to

UnitedHealth, increased as the Court finds to be just under the circumstances of this case;

9. UnitedHealth recover statutory damages pursuant to Section 35(d) of the

Lanham Act, 15 U.S.C. § 1117, in connection with its Federal Cybersquatting claim;

10. UnitedHealth recover statutory damages pursuant to Section 35(c) of the

Lanham Act, 15 U.S.C. § 1117, in connection with its Federal Trademark Counterfeiting

claim.

11. Defendant be required to account for and pay over to UnitedHealth any

benefit and unjust enrichment obtained at UnitedHealth’s expense from his wrongful

actions;

12. UnitedHealth be awarded its costs and fees related to this action, including

but not limited to reasonable attorney fees;

13. UnitedHealth be awarded prejudgment and post-judgment interest; and

14. UnitedHealth be granted such other and further relief, at law or in equity, as

the Court may deem just and proper.

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DATED: August 28, 2009 Respectfully submitted,

s/Laura J. Borst
Timothy M. Kenny (No. 247716)
Laura J. Borst (No. 032548X)
FULBRIGHT & JAWORSKI L.L.P.
2100 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2112
(612) 321 2800
(612) 321 2288 – Facsimile

Richard J. Groos
C. Ashley Callahan
FULBRIGHT & JAWORSKI L.L.P.
600 Congress Avenue
Suite 1900
Austin, Texas 78701
(512) 474-5201
(512) 536-4598– Facsimile

ATTORNEYS FOR PLAINTIFF

UNITEDHEALTH GROUP
INCORPORATED

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