First Health Group Corp. v. BCE Emergis Corp.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
EASTERBROOK, Circuit Judge.
What is a “preferred provider organization” (ppo)? Our litigants, two intermediaries between hospitals and insurers, disagree about the answer. Plaintiff, which we call First Health, believes that it is misleading, and actionable under § 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), to apply the label “ppo” or *801anything similar (such as “preferred provider network”) to any business structure other than one in which the insurer compels its clients to use the “preferred” suppliers of medical care. Defendant, which we call up & up, labels First Health’s…
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