Our story goes back to 2010 with the death of Dr. Keith L. Davis who had founded Vein Care Pavilion of the South with Dr. Steven M. Roth, and one of the trademarks of the medical practice is “The Vein Guys.”
In the event of the death of one of the partners, the surviving physician had the first option to purchase the rest of the business within 90 days. The accountant who had worked for the medical practice was engaged to determine the value of the business, but Dr. Davis' widow objected, claiming that the accountant had essentially worked for Dr. Roth, so he was biased. She also claimed that “The Vein Guys” trademark was actually owned by Vein Care Pavilion of the South. It appears the trademark was registered to Dr. Davis, but the trademark filing but had been paid for by the medical practice, Vein Care Pavilion of the South. Compounding all of this is that in the midst of the litigation, the surviving partner, Dr. Roth, died in a plane crash!
After two appeals, the case is now before the Georgia Supreme Court. This case was tried in state court because it is not about trademark infringement or validity, but over ownership and value of the trademark.