On Friday, neuroscience company Wave filed a lawsuit against Miramar Health Physicians Group in the Southern District of California. Miramar’s subsidiary company BraincenterTMS was accused by the plaintiff of patent and trademark infringements and unfair competition.
Wave is a company that specializes in creating personalized, noninvasive technology that can help improve the condition of those with neurological disorders and enhancing cognitive brain function through transcranial magnetic stimulation (TMS). Their technology, which has been successfully patented, involves analyzing the electroencephalogram (EEG) of patients in order to gain insight into the health of their brain. In the treatment, an electromagnet is placed on the scalp of the patient and it generates magnetic field pulses. The technology is used to treat patients with various diseases of the central nervous system.
The plaintiff alleged that the defendant, after seeing the success of TMS brain treatment on patients, decided to create its “knock-off business” Braincenter. They say that Braincenter’s website explicitly admits to patent infringement through various descriptions found on the site. For example, the site claims that Braincenter “specializes in and focuses on transcranial magnetic stimulation extensively” and describes technology that is “relying on frequencies derived from EEG’s”. Wave claimed that these methods are a part of their patent and are currently being infringed upon.
They also argued the Braincenter infringed on their trademark with the use of their current logo at their office in San Diego. Wave said that the marks are confusingly similar due to the use of the words “Brain” and “Center”, an image of a person’s head in profile, and the two lines of text. This becomes even more confusing given the fact that the center was built within 10 miles of Wave’s office in San Diego. Wave has been informed and believes that patients scheduled to receive treatment at their center accidentally showed up at Braincenter because of it’s confusing similarity in name and appearance. The defendants have allegedly not been redirecting patients, and instead taking them in and giving them treatment.
Wave noted that it is a very well known company in its field, and has worked with the government, universities, and various treatment centers around the country; Wave also said it has been mentioned on major platforms such as the Joe Rogan Experience. They argued that the alleged confusion would be detrimental to their business as well as their image.
For this reason they request that the court permanently enjoin Braincenter from continuing the use of their patents and marks, and request that they be rewarded all profits made by Braincenter as well as financial relief for all damages owed.
The plaintiff is represented by Buchalter.
