Northwell Health on Tuesday filed a motion to dismiss a suit brought against them by NYU Langone alleging that Northwell imitated Langone’s color scheme and used a similar shade of purple in their advertising and buildings. 

Northwell said Langone does not own a trademark registration for any shade of purple for healthcare services and the “cherry-picked” complaint focuses only on certain advertisements to make false claims.

The healthcare provider said since their 2016 rebrand they have used multiple colors in their advertisements and marketing campaigns.

“Northwell has a history of using a variety of fonts and colors from our copyright-protected Northwell “Constellation” logo along with showcasing our accomplishments in research, education and clinical excellence to differentiate ourselves from others in the markets,” Northwell said in a statement.

The motion to dismiss the suit said Langone’s side-by-side comparisons of both their advertisements and marketing campaigns are misleading, adding Langone picked examples that Northwell used from different periods in time for different service promotions.

Langone Senior Director of Media Relations Steve Ritea said in response to Northwell’s motion they are minimizing the issue and the “shameless mimicry” began when Langone’s presence in Long Island began to increase, posing a perceived threat to Northwell in the region. 

“In their motion, Northwell attempts to minimize their brazen copying of NYU Langone’s distinctive and recognizable advertising – including fonts, layouts, and color schemes – to confuse patients, who deserve the best care and the best outcomes,” Ritea said in a statement. “The side-by-side images in NYU Langone’s complaint speak for themselves.”

Langone first filed the suit in June, alleging Northwell intentionally copied their “unique” color and font in multiple forms of advertising–including billboards and digital ads–to exploit their reputation. 

The lawsuit, filed in New York’s Southern District Court, accuses Northwell of engaging in “deceptive trade practices.”

Langone cited its placement in U.S. News & World Report’s 2022-2023 “Best Hospitals Honor Roll”, the top spot in New York and #3 in the nation, as evidence of its goodwill and reputation that Northwell has not achieved. 

The lawsuit, which includes multiple side-by-side comparisons, alleges that Northwell has copied Langone’s advertising and marketing campaigns, color schemes, fonts, headline styles and visual identity.

“Northwell’s conduct is not only unfair, but by hitching its brand to NYU Langone, Northwell has created a likelihood of confusion as to the affiliation, connection, or association of Northwell with NYU Langone, to the detriment and harm of NYU Langone,” the lawsuit said.

Attorneys for Langone claim that Northwell “has bathed” its Peconic Bay Medical Center in Riverhead as the same or nearly the same purple that Langone uses.

Northwell, which has 16 of its 21 hospitals on Long Island, is the state’s largest health care provider with over 85,000 employees. 

Langone is seeking damages, attorney fees and a permanent injunction barring Northwell from using “confusingly similar advertising.”