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For Immediate Release
Contact: Amy Tucci, HFA, 202-457-5811, ext. 1099
DEFENDANTS IN TRADEMARK LITIGATION AGREE TO STOP USING “HOSPICE FUND OF AMERICA” NAME
SETTLEMENT AGREEMENT PREVENTS CONFUSION AND PROTECTS HOSPICE FOUNDATION OF AMERICA
Washington, (March 26, 2014) – Hospice Foundation of America (HFA) today announced that it has reached an agreement with the New Hope Foundation, Carol Jenkins, and Bee, L.C., a marketing company, under which they will immediately stop use of the name Hospice Fund of America and the abbreviation “HFA.”
“We heard from many people concerned about calls and letters from Hospice Fund of America. They mistakenly believed that we were the same organization, they said they felt harassed, and they were angry. We were concerned that Hospice Foundation of America’s reputation, which has been built through decades of charitable work, was being damaged. Fortunately, U.S. trademark law protects entities that have registered their names and forbids other entities from adopting similar names and taking advantage of existing reputations,” said Amy Tucci, president of HFA.
In order to protect its constituents and its reputation, HFA brought an action entitled Hospice Foundation of America v. The New Hope Foundation [doing business as] Hospice Fund of America; Bee, L.C.; and Carol Jenkins in the United States District Court for the Eastern District of Virginia, on January 22, 2014, alleging trademark infringement and unfair competition. Soon after the action was filed, on March 18, 2014, the defendants accepted a settlement agreement.
Under terms of the agreement, the defendants agreed to stop using the names "Hospice Fund of America" and "HFA" or any name confusingly similar to "Hospice Foundation of America" or "HFA" anywhere in the world, whether as a trademark, domain name or URL, or a company name, including but not limited to hospicefundofamerica.org.
In addition, defendants agreed, under the terms of the agreement, to destroy all materials in their possession using the names Hospice Fund of America and HFA. They also agreed not to use, register or apply for a trade mark, domain name, or company name using the name Hospice Fund of America or HFA.
“This settlement agreement should be a relief to anyone who has been contacted for donations by Hospice Fund of America representatives,” Tucci said. “And, the agreement is a relief to our organization; it confirms that the terms Hospice Foundation of America and HFA are protected and will resolve any confusion raised by the name Hospice Fund of America.”
To view the agreement and the complaint, please click here.
Hospice Foundation of America, Inc., which has existed since 1994 (and previously as Hospice Foundation, Inc.) educates professionals and the public about hospice care, other types of end-of-life care, and grief. The organization supports itself through the generosity of donors, as well as sales of professional educational materials intended for physicians, nurses, psychologists, counselors, and clergy. It provides free information to the public. As a non-profit charity, recognized under IRS law as a 501(c)(3), HFA never solicits funds through phone, email, or mail from individuals who have not initiated contact with HFA. Hospice Foundation of America has annual administrative expenses of less than 10 percent. It is a member of the Combined Federal Campaign and state charity campaigns.