ST. LOUIS COUNTY 鈥 Dozens of nurses packed a courtroom Thursday morning as lawyers argued whether their alumni group had grounds to sue over the name of a new hospital in north 50度灰视频.
At the heart of the issue is whether the Homer G. Phillips Nurses鈥 Alumni Inc. has sole rights to the Phillips name under its 2021 trademark filing.
The nurses鈥 lawsuit argues 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.
Phillips is a significant figure in north 50度灰视频 history. He 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.
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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 alumni group鈥檚 membership is made up of nurses who worked at the original Homer G. Phillips Hospital. They filed a federal lawsuit against the new Homer G. Phillips Memorial Hospital in July 2022, but the case was refiled in circuit court in December 2023.
Joseph Dulle, an attorney representing the new hospital, filed a motion in February asking the judge to dismiss the suit because, he argued, there had been no trademark infringement.
He said in court on Thursday that the facility鈥檚 name and the alumni group鈥檚 name are entirely different.
鈥淭here鈥檚 no possibility of confusing an alumni association with a hospital,鈥 Dulle said.
But Rick Voytas, a lawyer for the nurses鈥 group, told the judge the nurses conducted a survey that found about 35% of respondents were confused about whether there was an affiliation.
Voytas said the group filed for its trademark in early May 2021 鈥渓ong before鈥 the hospital opened.
鈥淭hese defendants have no trademark. They have nothing registered,鈥 he said.
He added that the new hospital has a 鈥淭M鈥 next to the Homer G. Phillips name on the building鈥檚 sign 鈥 proving the operative part of the trademark is the Phillips name.
鈥(The name) belongs to these nurses, and that 鈥楾M鈥 on that building is game, set and match,鈥 Voytas said.
Yvonne Jones, president of the nurse鈥檚 group, was outside the courtroom after the hearing with about a third of the 100-person nurse alumni group. She reiterated what she鈥檚 said before: The group is asking for nothing more than for the hospital to change its name.
Standing with Jones, Voytas said he expected Judge Heather Cunningham鈥檚 ruling to be handed down within a few months. The case will either be dismissed or go to trial 鈥 Voytas said he鈥檚 prepared to appeal if the former happens.
The Homer G. Phillips Memorial Hospital is at Jefferson Avenue and Thomas Street and is part of a project led by controversial developer Paul McKee.
McKee had been planning the new hospital in north 50度灰视频 for a decade, and in January, it finally opened. It鈥檚 licensed for 15 emergency room beds, two triage stations and three inpatient beds.