Westcor, Surprise business owner at odds over ‘Prasada' trademark

A Westcor vice president said she is happy that Dr. Brian Young has brought a pediatric clinic to Surprise. She is happy about the quality care it promises to bring to the area. She is happy to support Young and his work.

She is not happy about the name the doctor has chosen for his practice, and mall development corporation Westcor is working to make Young change the name of Prasada Pediatrics.

Westcor has issued a cease-and-desist letter to notify the doctor that it owns the federal trademark on the word "Prasada." Karen Maurer, vice president of development relations for Westcor, said the word means "grace" in Hindu.

Young said the company is being anything but gracious.

The doctor acknowledges he knew about the multi-million dollar, master-planned Westcor project — which includes a regional mall, power centers and auto mall being developed on 3,400 acres on both sides of the Loop 303 between Waddell and Cactus roads — when he obtained his business license for the practice near Reems and Greenway roads in Surprise.

He said he researched the word prior to establishing his business, confirmed it was used elsewhere and by other businesses, including in a multi-million dollar project in Atlantic City, and proceeded to set up his practice.

"We initially established an LLC through the Arizona Corporation Commission in April 2009, and from there obtained a small business loan and started putting $28,000 to $30,000 into the marketing of Prasada Pediatrics, with building signs, and also malpractice insurance," Young said. "And then I received a call from Westcor saying they had rights to the word."

Maurer said the company is supportive of Young’s practice, but only has issue with the name chosen.

"We are happy he is bringing a pediatric clinic and quality care to Surprise," Maurer said. "But we have ownership of the name and an obligation to protect it or any effort we have been making for the past eight to 10 years has been completely for naught."

"We’d be happy if he was running Surprise Pediatrics, or Dr. Young Pediatrics, or Reems Pediatrics, or even Gracious Gift Pediatrics," Maurer said. "But we have an obligation and a trademark to Prasada and have advised he cannot use it."

Maurer said this is the first time the company has trademarked a name of a development.

"Prasada doesn’t have anything to do with a regional (identifier), whether a mountain range, or river or landmark of some kind," Maurer said. "It is a contrived, Sanskrit name.

"But not only is it the design for our project, but we are developing a brand based on Prasada, which means grace."

"It was very important early on to secure the trademark right and keep exclusivity to the project," Maurer said.

According to the U.S. Patent and Trademark Office Web site, Westcor filed papers Nov. 1, 2004, to trademark Prasada to be used as part of its shopping centers and real estate leasing, as well as planning and building, construction consulting for commercial, residential and medical facilities.

The registration date is listed as Sept. 15, 2009.

Young’s wife, Denice, said the couple is consulting with an attorney on the validity of the trademark because the Youngs say at the time Westcor filed, it did not list medical facilities, but added them at a later date.

"They were just (advertising) for residential, real estate and shopping," she said.

Young said he doesn’t have the money to fight Westcor, but still feels like he’s being picked on as a small business owner.

And he questions why Westcor would be targeting him and not the Atlantic City hotel by the same name or other businesses using the Prasada name.

"I think that is relevant to another story and right now we are trying to work with Dr. Young," Maurer said.

"If they would give me the capital, I wouldn’t care," Young said. "But I feel at this point now, as a small business, it’s difficult to put up a fight, and I will use or utilize every opportunity that comes to me. But I’ll prepare for the worst; I don’t think their angle is fair."