Theranos sues over blood-collection trademark

Healthcare company Theranos has sued medical equipment supplier Becton, Dickinson, seeking a judgment of non-infringement over a disputed trademark.

In a lawsuit filed at the US District Court for the Northern District of California, Palo Alto-based Theranos has sought to defend its attempt to register Nanotainer as a trademark.

The trademark was to be used in connection with a medical testing system developed by the company involving a tube to collect drops of blood.

According to Theranos, blood gathered this way could be used for a wide range of common tests without the need for large-scale storage of blood.

The lawsuit stems from New Jersey-based Becton Dickinson’s opposition to a trademark application for Nanotainer filed by Theranos in November last year.

It claimed that Nanotainer was confusingly similar in sound, meaning and appearance to its “Microtainer” mark.

Becton Dickinson filed an official opposition at the US Patent and Trademark Office’s Trademark Trial and Appeals Board on March 5.

But Theranos, which provides blood tests through the US-wide Walgreen pharmacy stores, asked the court to declare it is not infringing and that the terms are generic.

Neither company responded immediately to requests for comment.