The St. Louis County Court of Appeals has upheld Judge Heather R. Cunnigham’s September 2024 ruling that ended the Homer G. Phillips Nurses Alumni Inc., trademark infringement lawsuit.
Developer Paul McKee opened a three-bed facility at 1320 N. Jefferson in St. Louis in 2023 and use the name Homer G. Phillips Hospital.
Homer G. Phillips Hospital opened in 1937 following the crusading work of local Black attorney Homer G. Phillips. It closed in 1979, with city officials disregarding the pleas of the Black community.
At its peak, the 600-bed facility was one of the largest hospitals in the country. It employed 1,000 Black skilled and semi-skilled health care workers, including hundreds of orderlies, aides, janitors, and ambulance drivers. In addition, it provided a training facility for educating nurses and housing.
For a period of 20 years, 75% of all Black doctors in the country interned at Homer G. Phillips Hospital. By 1961, it had trained the largest number of Black doctors and nurses in the world.
Mckee used the name despite repeated requests from community members, clergy, and elected officials
Homer G. Phillips Nurses Alumni Inc. filed a trademark infringement lawsuit and arguments on the case’s merit were heard on August 8, 2024.
She ruled that the lawsuit should be dismissed, and the appeals court has backed the decision.
“We are saddened that the Court of Appeals simply copied the original order, almost verbatim and ruled that there could not possibly be “confusion” between the Homer G. Phillips Nurses Alumni, Inc. trademark and the name on the 3-bed facility,” the Nurses Alumni Inc. said in a release.
“We are disappointed in the court’s understanding and ruling. The fact remains, the Homer G. Phillips Nurses Alumni, Inc. is the only one with the trademark for the Homer G. Phillips name by trademark law.”
In its ruling, the Appeals Court stated “there is no competition between the parties.”
“According to the terms of its own registration, [Homer G. Phillips Nurses Inc.] provides ‘association services,’ namely ‘promoting the interests of alumni nurses.’ Conversely, [McKee’s] organization is a hospital that provides healthcare to anyone in the community.
“There is no ‘degree of competition’ as no reasonable person in the community, especially in an emergency, would turn to an alumni association to receive medical care. And, by the same token, no one would go to a hospital for membership to an alumni association.’
In its statement, the Nurses Association said, “We will move forward with greater determination to speak truth to power. We will move forward with determination to serve the community. We will move forward with determination to make a difference in health care in every place where the name Homer G. Phillips stands for excellence, professionalism and caring.”
Homer G. Phillips Alumni, Inc., again stated that the facility’s closure was not a result of the lawsuit, adding that it is only trying to halt future attempts to use the name.
“We filed a suit to have the name of Homer G. Phillips removed from the facility. We have no issue with the operation of a health-care facility at the Jefferson Ave. location.”
The facility closed less than a year after its opening. It failed to meet a deadline set by The Missouri Department of Health and Senior Services to correct deficiencies – which included a blood supply shortage.
The state agency barred operations and the facility’s license was surrendered. Its employees, many of which had not been paid for their services for weeks, were abruptly dismissed.