teleMovement Physical Therapy, a Professional corporation and Everflex, LLC (P) vs Everex (D)
Pending
Oppositions
Proceeding Details
Proceeding Number
Filing Date
Aug 19, 2024
Last Status Update
Mar 24, 2026
Interlocutory Attorney
KATERINA D SPARER
Parties
Plaintiff
teleMovement Physical Therapy, a Professional corporation and Everflex, LLC

120 SOUTH LASALLE STREET, SUITE 2100
CHICAGO, IL 60603
Attorney / Correspondent:
KERIANNE A. STRACHANFITCH, EVEN, TABIN & FLANNERY LLP
120 SOUTH LASALLE STREET, SUITE 2100
CHICAGO, IL 60603
Marks:
EVERFLEX
Registered
|Reg #: 5717631|S/N: 87878026
EVERFLEX
LIVE - REGISTERED
Service MarkWordOwner: EVERFLEX, LLC
Status: SECTION 8-ACCEPTED
Record Details
Serial No.
87878026
Registration No.
5717631
Status
LIVE
Important Dates
Filed
Apr 16, 2018
Registered
Apr 2, 2019
First Use
Apr 29, 2018
Goods & Services
Class 042Class 044
Counseling services in the fields of health, nutrition and lifestyle wellness; Physical therapy; Providing on-line medical record analysis services designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms; Providing wellness services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Providing an on-line, patient-initiated, patient-authorized, fee-for-service, medical profile and medical record analysis service designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms; Provision of medical services by health care professionals via the internet or telecommunication networks; Remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; Telemedicine services; Web-based health assessment services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and treatment information; Wellness and health-related consulting services; Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of physical fitness, athletics, sports and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to create and manage custom exercise programs, build custom workouts, build custom physical fitness screens, and build custom screens to evaluate functional movement, in the fields of physical fitness, athletics, sports, and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to create and manage a database of clients, develop and assign custom and pre-built workouts and screens to those clients, and generate reports for each client, in the fields of physical therapy, athletics, sports and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to access training, education, testing and certification materials in the fields of physical fitness, athletics, sports and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to customize routines over a global computer network, in the nature of physical therapy exercises, occupational therapy, strength and sports training, yoga exercises, work program exercises, geriatric exercises, orthopedic exercises, and pediatric exercises
EVERFLEX HEALTH
Registered
|Reg #: 5944935|S/N: 87854341
EVERFLEX HEALTH
LIVE - REGISTERED
Service MarkWordOwner: EVERFLEX, LLC
Status: SECTION 8 & 15-ACCEPTED AND ACKNOWLEDGED
Record Details
Serial No.
87854341
Registration No.
5944935
Status
LIVE
Important Dates
Filed
Mar 28, 2018
Registered
Dec 24, 2019
First Use
Apr 2, 2019
Goods & Services
Class 042Class 044
Counseling services in the fields of health, nutrition and lifestyle wellness; Physical therapy; Providing on-line medical record analysis services designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms; Providing wellness services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Providing an on-line, patient-initiated, patient-authorized, fee-for-service, medical profile and medical record analysis service designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms; Provision of health care and medical services by health care professionals via the Internet or telecommunication networks; Remote monitoring of data indicative of the health or condition of an individual or group of individuals for medical diagnosis and treatment purposes; Telemedicine services; Web-based health assessment services, namely, a series of health-related questions for response from the user that result in a report that provides health-related information in the form of recommended educational resources and treatment information; Wellness and health-related consulting services; "HEALTH"; Providing a website featuring on-line non-downloadable software that enables users to create and manage custom exercise programs, build custom workouts, build custom physical fitness screens, and build custom screens to evaluate functional movement, in the fields of physical fitness, athletics, sports, and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to create and manage a database of clients, develop and assign custom and pre-built workouts and screens to those clients, and generate reports for each client, in the fields of physical therapy, athletics, sports and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to access training, education, testing and certification materials in the fields of physical fitness, athletics, sports and physical therapy; Providing a website featuring on-line non-downloadable software that enables users to customize routines over a global computer network, in the nature of physical therapy exercises, occupational therapy, strength and sports training, yoga exercises, work program exercises, geriatric exercises, orthopedic exercises, and pediatric exercises.; Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of physical fitness, athletics, sports and physical therapy
VS
Defendant
Everex
11350 RANDOM HILLS RD, SUITE 800
FAIRFAX, VA 22030
Attorney / Correspondent:
Mark:
EVEREX
Pending
S/N: 98085822
EVEREX
LIVE - PENDING
TrademarkWordITU
Owner: EVEREX
Status: OPPOSITION PENDING
Record Details
Serial No.
98085822
Status
LIVE
Important Dates
Filed
Jul 14, 2023
Goods & Services
Class 009Class 042
Downloadable and recorded digital application software for providing access to health, medical, and wellness information and resources; downloadable and recorded computer software for providing medical information about the health; downloadable software for providing information about health management, rehabilitation, and treatment; downloadable and recorded computer program for monitoring health progress; downloadable and recorded software featuring motion analysis for rehabilitation purposes; downloadable and recorded software for body motion recognition that analyzes and identifies characteristics of body motion; downloadable computer operating software for medical devices for rehabilitation; downloadable and recorded software that performs motion analysis in conjunction with medical devices; downloadable computer software for remote monitoring and analysis of health; downloadable and recorded computer software for making medical electronic charts; downloadable and recorded computer software for medical disease diagnosis; downloadable and recorded computer software for medical decision support systems, namely, evaluating medical issues, controlling and managing patient medical information, providing health care information; downloadable and recorded software featuring motion analysis for rehabilitation exercise; downloadable computer application software for smartphones for measuring, collecting, and providing body information; downloadable and recorded computer operating software linked with rehabilitation exercise equipment for treating musculoskeletal conditions, neurologic conditions, respiratory conditions and cardiovascular conditions; Telemedicine services; provision of medical information from a web site; medical and health care services for treating musculoskeletal conditions, neurologic conditions, respiratory conditions and cardiovascular conditions; remote monitoring of medical data for medical diagnosis and treatment; medical care; medical consultations; provision of medical information; providing information in the field of medicine; provision of news and information relating to medicine; medical information services provided via the Internet; individual medical counselling services provided to patients; development of individual physical rehabilitation programs; providing health care information via a global computer network; medical evaluation services for patients receiving rehabilitation for purposes of guiding treatment and assessing effectiveness; providing information relating to the treatment of dislocated joints, sprains or bone fractures; providing information relating to physical examinations; medical analysis services relating to the treatment of persons; providing information in the fields of health and wellness; professional consultancy relating to health care; information services relating to health care; Development of computer software for digital image processing; development of computer software for making medical electronic charts; medical research laboratory services for predicting disease; analysis of human tissues for medical research; scientific research in the fields of medicine, health and pharmacology; engineer services in the medical technology field; medical research services; providing computer software technical support services in the field of medical diagnostics, namely, troubleshooting in the nature of diagnosing software problems with medical equipment; development of downloadable computer software for remote monitoring and analysis; development of computer software featuring motion analysis for rehabilitation; development of downloadable computer software for health management, rehabilitation, and treatment; design of computer program for monitoring health; development of computer software linked with rehabilitation exercise equipment
TTAB Documents
Title | Date | Entry # | Category | Code | Actions |
|---|---|---|---|---|---|
PARTIES' CROSS-MOTIONS FOR SJ DENIED | Mar 24, 2026 | 14 | Miscellaneous | 900 | |
P MOT TO JOIN/SUBSTITUTE PARTY | Jan 9, 2026 | 13 | Motions | 604 | |
D REPLY IN SUPPORT OF MOTION | Oct 28, 2025 | 12 | Motions | 329 | |
P REPLY IN SUPPORT OF MOTION | Oct 8, 2025 | 11 | Motions | 335 | |
SUSP PEND DISP OF OUTSTNDNG MOT | Sep 9, 2025 | 10 | Status | 518 | |
D OPP/RESP TO MOTION | Sep 8, 2025 | 9 | Motions | 405 | |
SUSP PEND DISP OF OUTSTNDNG MOT | Aug 11, 2025 | 8 | Status | 518 | |
P MOT FOR SUMMARY JUDGMENT | Aug 8, 2025 | 7 | Motions | 337 | |
SUSPENDED | Jan 8, 2025 | 6 | Status | 516 | |
P MOT TO COMPEL DISCOVERY | Dec 11, 2024 | 5 | Motions | 338 | |
ANSWER | Sep 30, 2024 | 4 | Pleadings | 107 | |
INSTITUTED | Aug 19, 2024 | 3 | Status | 128 | |
NOTICE AND TRIAL DATES SENT; ANSWER DUE: | Aug 19, 2024 | 2 | Scheduling | 707 | |
FILED AND FEE | Aug 19, 2024 | 1 | Fees | 124 |