What was filed
The case is Everflex, LLC v. EverEx USA, Inc., No. 5:26-cv-13132 (N.D. Cal.), filed November 3, 2026, ECF No. 1 (13 pages), with a jury demand. The complaint describes Everflex, LLC as a corporation organized under California law with its principal place of business in San Luis Obispo, California, and alleges, on information and belief, that EverEx USA, Inc. is a Delaware corporation with its principal place of business in San Jose, California. A November 4, 2026 docket entry (ECF No. 5) assigns the case to Magistrate Judge Nathanael M. Cousins and sets November 18, 2026 as the deadline for consent or declination.
The marks
United States Patent and Trademark Office records list Everflex, LLC as the owner of two Principal Register service-mark registrations: U.S. Reg. No. 5,717,631 for EVERFLEX, registered April 2, 2019, Serial No. 87/878,026, standard characters, in Classes 42 and 44 for online community and non-downloadable software services for physical fitness, athletics, sports, and physical therapy, and for counseling, physical therapy, telemedicine, and related wellness services, with first use claimed as of April 29, 2018 and first use in commerce as of June 7, 2018, and a Section 8 declaration accepted (status date December 23, 2024); and U.S. Reg. No. 5,944,935 for EVERFLEX HEALTH, registered December 24, 2019, Serial No. 87/854,341, standard characters, with a disclaimer of "HEALTH," in Classes 42 and 44 for overlapping software and wellness services, with first use claimed as of April 2, 2019 and first use in commerce as of September 30, 2019, and a combined Sections 8 and 15 declaration accepted and acknowledged (status date March 24, 2026). The complaint says EverEx initially filed Application Serial No. 98/085,822 for EVEREX on July 14, 2023, on an intent-to-use basis, that the application published for opposition on July 30, 2024, that Everflex opposed it on August 19, 2024 (Opp. No. 91293375), and that EverEx began actual use of the mark while the opposition was pending. USPTO records list a Republic of Korea corporation as the applicant, for software in Class 9 and services in Classes 42 and 44, and show the opposition pending. Trademark Trial and Appeal Board records show the parties' cross-motions for summary judgment denied on March 24, 2026, and motions by the opposer to suspend the opposition pending the civil action filed November 3 and November 4, 2026.
What the complaint alleges
The complaint alleges that both parties use their marks on software in the healthcare field, that EVEREX omits only two letters from EVERFLEX, and that EverEx's continued use of EVEREX creates a likelihood of confusion with Everflex's EVERFLEX and EVERFLEX HEALTH marks. It alleges EverEx uses EVEREX on its everex.ai website with references to remote therapeutic monitoring and other software-based physical therapy solutions, and alleges, on information and belief, that the website has displayed EVEREX since at least as early as August 2024. It alleges that Everflex's customers and potential customers have been actually confused, that EverEx has been aware of Everflex's marks since at least the August 19, 2024 opposition filing, and that EverEx has refused to stop using EVEREX and has increased that use during the time in which, the complaint says, it purported to negotiate a settlement of the opposition. It alleges the use is willful, and alleges, on information and belief, that the infringing acts were committed with full knowledge of Everflex's prior rights and with intent to cause confusion, mistake, or deception.
Claims and relief
Count I is trademark infringement under 15 U.S.C. § 1114(a). Count II is federal unfair competition under 15 U.S.C. § 1125(a). Count III is common-law trademark infringement and unfair competition under California law. Count IV is for violations of California Business and Professions Code § 17200 et seq. The prayer seeks preliminary and permanent injunctions against use of EVEREX or confusingly similar marks, damages with prejudgment interest, increased or trebled damages under 15 U.S.C. § 1117, an accounting of profits, costs and attorney fees under § 1117, and other relief.