UPMC files lawsuit against Highmark alleging violation of section
43(a) of Lanham Act
Clients University of Pittsburgh Medical Center (UPMC)
On August 5, 2013, Jones Day filed a lawsuit in the United States District Court for the Western District of Pennsylvania on behalf of the University of Pittsburgh Medical Center (UPMC) against Highmark Inc. alleging claims for false advertising in violation of section 43(a) of the Lanham Act and unfair competition under Pennsylvania law. In the matter captioned UPMC v. Highmark Inc., Civil Action No. 13-cv-1130-CB, UPMC demanded that Highmark stop "a series of false and misleading television, radio, and newspaper advertisements" that "incorrectly state, among other things that UPMC will 'deny access,' 'close its doors,' or otherwise not allow 'Highmark health insurance customers' or 'Western Pennsylvania families' to 'use UPMC after 2014.'"
After defeating a motion to transfer the case, on September 9, 2013, UPMC voluntarily dismissed the action without prejudice when the Pennsylvania Insurance Department and Department of Health formed the "Interagency Consumer Protection Task Force" to address, among other things, the Highmark advertisements identified in UPMC's Complaint.
UPMC v. Highmark Inc., Civil Action No. 13-cv-1130-CB (W.D. Penn.)