ST. LOUIS COUNTY 鈥 A judge has dismissed a lawsuit filed by a group of nurses against a new hospital鈥檚 use of the name Homer G. Phillips.
50度灰视频 County Judge Heather Cunningham鈥檚 ruling came about three weeks after the Homer G. Phillips Nurses鈥 Alumni Inc. argued last month in court it had sole rights to the Phillips name under its 2021 trademark filing. The group had sued the new Homer G. Phillips Memorial Hospital, which opened in January in the Carr Square neighborhood and is part of a project led by controversial developer Paul McKee.
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Cunningham wrote in her ruling that the name 鈥淗omer G. Phillips鈥 is only a component of each organization鈥檚 name 鈥 and that they have different visual depictions.
鈥淚t 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,鈥 Cunningham wrote in her Aug. 30 ruling.
The nurses鈥 lawsuit argued the facility鈥檚 name violates its group鈥檚 trademark and that the developers appropriated the name to 鈥渢rade on and profit from鈥 the original hospital鈥檚 name recognition and goodwill.
Cunningham said Homer G. Phillips Memorial Hospital intended to 鈥渉onor a prominent figure in healthcare in North 50度灰视频 (City), not to deceive consumers.鈥
Phillips was an influential attorney who grew up in Sedalia and campaigned for the city to set aside money for a new hospital to serve Black 50度灰视频ans. In 1931, Phillips was shot and died at the age of 51. Six years later, a 670-bed hospital opened in the Ville neighborhood near Kennerly Avenue and Whittier Street.
The hospital closed in 1979.
The new hospital鈥檚 lawyer, Joseph Dulle, filed the motion asking Cunningham to dismiss the suit. He said in a statement after the ruling that he and his clients were always confident there was no trademark on the name itself.
鈥淲e鈥檙e grateful Judge Cunningham agreed with our assessment and dismissed the case,鈥 he said.
Yvonne Jones, president of the nurse鈥檚 group, said her alumni association remains the only entity in the country with a trademark on the Phillips name.
鈥淲e thank Judge Heather Cunningham for her consideration of our case, but we respectfully disagree with the Court鈥檚 conclusion,鈥 Jones said in a written statement. 鈥淭he nurses, just like the Red Cross, should be able to control the use of their trademark. Just as the (new 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.鈥
The group is exploring options for an appeal.
The Homer G. Phillips Memorial Hospital is at Jefferson Avenue and Thomas Street. It includes a 15-bed emergency department, an imaging department and in-patient rooms.