October 2004

Graston trademark prevails

TherapyCare Resources Inc. and its wholly-owned entity Graston Technique®, have successfully defended through federal court action the majority of its rights and claims against a former shareholder and his firm. The issues surrounded trademark, copyright and patent infringement and false advertising.

TCR, the originator of instrument-assisted soft tissue treatment technology widely known as Graston Technique, filed suit against Carpal Therapy Inc., which has been doing business as Graston-Hall Method. Both firms are based in Indianapolis, Ind.

In a consent judgment ordered by the U.S. District Court, Carpal Therapy must cease using the name “Graston” on any of its products, services, advertising, promotion and website. Additionally, CT must stop using any training manual materials which are similar to that copyrighted by Graston Technique. And, CT must remove all false statements from its advertising and promotional materials. The consent judgment, ordered by U.S. Southern District Judge Larry J. McKinney, is effective Oct. 4.

The order extends personally to David A. Graston and to all dealers, distributors, instructors and those who use Carpal Therapy’s tools for soft tissue work. Graston was a founding member of TCR which began in 1994. Graston Technique involves the use of stainless steel instruments for non-invasive treatment of soft tissue dysfunctions. CT’s tools are made of polymer plastic.

David Graston’s relationship with TCR ended in 1997. He started the competing company in 2001as Carpal Therapy Inc. However, in 2002, he began identifying the business as Graston-Hall Method.

Source. TherapyCare Resources Inc., www.grastontechnique.com.

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