ST. LOUIS COUNTY — A judge has dismissed a lawsuit filed by a group of nurses against a new hospital’s use of the name Homer G. Phillips.
St. Louis County Judge Heather Cunningham’s ruling came about three weeks after the Homer G. Phillips Nurses’ Alumni Inc. argued last month in court it had sole rights to the Phillips name under its 2021 trademark filing. The group had sued the new Homer G. Phillips Memorial Hospital, which opened in January in the Carr Square neighborhood and is part of a project led by controversial developer Paul McKee.
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Cunningham wrote in her ruling that the name “Homer G. Phillips†is only a component of each organization’s name — and that they have different visual depictions.
“It is not reasonable to believe that someone looking for an alumni organization for a nursing school would be so confused as to end up at a hospital that claims no affiliation with the original nursing school,†Cunningham wrote in her Aug. 30 ruling.
The nurses’ lawsuit argued the facility’s name violates its group’s trademark and that the developers appropriated the name to “trade on and profit from†the original hospital’s name recognition and goodwill.
Cunningham said Homer G. Phillips Memorial Hospital intended to “honor a prominent figure in healthcare in North St. Louis (City), not to deceive consumers.â€
Phillips was an influential attorney who grew up in Sedalia and campaigned for the city to set aside money for a new hospital to serve Black St. Louisans. In 1931, Phillips was shot and died at the age of 51. Six years later, a 670-bed hospital opened in the Ville neighborhood near Kennerly Avenue and Whittier Street.
The hospital closed in 1979.
The new hospital’s lawyer, Joseph Dulle, filed the motion asking Cunningham to dismiss the suit. He said in a statement after the ruling that he and his clients were always confident there was no trademark on the name itself.
“We’re grateful Judge Cunningham agreed with our assessment and dismissed the case,†he said.
Yvonne Jones, president of the nurse’s group, said her alumni association remains the only entity in the country with a trademark on the Phillips name.
“We thank Judge Heather Cunningham for her consideration of our case, but we respectfully disagree with the Court’s conclusion,†Jones said in a written statement. “The nurses, just like the Red Cross, should be able to control the use of their trademark. Just as the (new hospital) should not get to operate using the name of the Red Cross, it should not get to operate using our name without our permission.â€
The group is exploring options for an appeal.
The Homer G. Phillips Memorial Hospital is at Jefferson Avenue and Thomas Street. It includes a 15-bed emergency department, an imaging department and in-patient rooms.