Yet another rivalry has come to the fore with leading personal emergency response systems (PERS) provider Life Alert suing competitors Connect America and LifeWatch USA. Life Alert claims that the two defendants used fraudulent “robo calls” impersonating Life Alert in an attempt to secure the business of its customers. The lawsuit was filed in U.S. District Court, Los Angeles on May 14. The accusation made in the lawsuit alleges trademark infringement, unfair competition, trademark dilution, and false designation of origin.
According to the allegations by Life Alert, Connect America and LifeWatch USA attempted to illegally obtain its PERS customers using fraudulent telemarketing practices wherein the telemarketers called in stating that they were from Life Alert and suggested that customers upgrade their systems. When the customers, who believed these calls to be the genuine, requested their upgraded Life Alert systems, they received Connect America equipment instead. Life Alert also stated in the lawsuit that the telemarketers used Life Alert’s very popular slogan, “I’ve fallen and I can’t get up,” which is a registered trademark, to lure customers into believing them.
Life Alert’s vice president of marketing, Olga Vlasova said that they have been receiving numerous calls fromcustomers as well as non-customers calling to report the incidents and stating grave concern about it. Vlasova added that it wasn’t just about the customers being misguided and possibly conned, but that her heart went out to the senior citizens who got these calls and believed them.
They’re scared because they don’t understand what is going on. There is a lot of confusion, and that’s exactly the purpose of those calls, I believe.”
Meanwhile, both defendants have vehemently denied the allegations. Broomall, PA-based Connect America and Hewlett, NY-based LifeWatch issued separate statements, both of which have claimed that the lawsuit is “frivolous.” Both companies have stated that they would defend the lawsuit to its very end, as they have done nothing wrong and deny all charges against them. They mentioned that the reckless and misleading allegations in both the lawsuit as well as Life Alert’s press release thatcame out on May 22 are completely unfounded. Connect America has said that they do not do any telemarketing at all.
Jason Sultzer, the LifeWatch Attorney issued a statement saying that his father has a history of such frivolous lawsuits and that they are just publicity stunts to gain attention.
To that end, LifeWatch intends on defending the lawsuit vigorously and is confident it will prevail, as it has done nothing wrong.”
Life Alert has sought damages, court expenses, and full trademark injunction, in addition to requesting a jury trial.
In the race to be the most popular , physical security, and personal emergency response services provider, companies are increasingly taking to intense rivalry and lawsuits. Whether this is a good or bad development is for trade experts to decide. However, as long as companies continue to strive to provide the and alarm systems, things will continue to go well for the security business.
Zach Jefferson
Author – Zach has six years under his belt as a marketing manager within the home security industry. He is in charge of keeping site information as accurate as possible, while developing new content ideas for consumers.