“Kettering Health disputes the allegations of the Soin family and contends that we are honoring the agreement, and in fact, are doing more than the agreement requires. We will continue to defend the lawsuit to demonstrate our compliance and look forward to our day in court,” Kettering Health said in a statement.
The Soins’ lawsuit, filed on behalf of Rajesh Soin and the Raj and Indu Soin Family Foundation, is alleging Kettering Health and the hospital have not complied with a 2010 agreement over those naming rights and seek damages of $25,000, according to records in Montgomery County Common Pleas Court.
Kettering Health and the Soin family entered into an agreement on the naming rights for the Indu and Raj Soin Medical Center on Jan. 3, 2010, the hospital system said.
The Soins agreed to pay a multi-million-dollar sum of money to the hospital system in exchange for naming rights of the medical center at 3535 Pentagon Blvd. in Beavercreek, according to the agreement, which was included in the lawsuit.
The lawsuit alleges Kettering Health has begun to fail and is refusing to use the name “Indu & Raj Soin Medical Center” or “Soin Medical Center” in all references to the facility. It is failing to do so “despite taking advantage of the Soin names and substantial contribution,” the complaint says.
The exact payments from the Soins were redacted on lawsuit’s complaint filed with the Montgomery County courts. The appraised value of the medical center at 3535 Pentagon Blvd. is approximately $86 million, according to Greene County auditor records.
In a counterclaim, Kettering Health says the Soins and the Raj and Indu Soin Family Foundation have infringed upon Kettering Health’s trademark of the “Soin Medical Center” name. Kettering Health says it has exclusive right to use the name, but the Soins created the “Soin Medical Center Foundation” without Kettering Health’s knowledge or consent.
The name “Soin Medical Center Foundation” creates “a likelihood of confusion” with Kettering Health’s trademark of “Soin Medical Center,” Kettering Health’s response in the lawsuit says. It is likely to continue to cause consumer confusion over whether donations made to that foundation will benefit the Beavercreek hospital or not, Kettering Health’s response says.
The Soins are seeking to have those counterclaims dismissed, according to recent motions filed with the Montgomery County Common Pleas Court.
Kettering Health’s “bare-bones trademark infringement claim” lacks requirements under state and federal law, says the Soins’ partial motion to dismiss, which also says Kettering Health failed to assert the trademark infringement claim despite three years of knowledge of it.
An attorney representing the Soin family could not be reached for comment.
Kettering Health has 14 area medical centers and more than 120 outpatient locations throughout Western Ohio, as well as Kettering Physician Network, which includes more than 700 board-certified providers.
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