This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Antitrust & Trade Reg.

Oct. 8, 2026

Blue Cross plans must prove trademark rights to avoid strict antitrust test

An Alameda County judge ruled Blue Cross Blue Shield plans must show historical trademark rights tied to hospitals' locations to avoid strict antitrust treatment of their exclusive territories.

Blue Cross plans must prove trademark rights to avoid strict antitrust test
Patrick M. Ryan of Bartko Pavia LLP

An Alameda County judge ruled late Tuesday that whether Blue Cross Blue Shield plans face strict antitrust treatment for dividing the country into exclusive territories will depend on whether they can show their predecessors held trademark rights in those areas before the 1950s.

Judge Somnath Raj Chatterjee's order sets the standards for Cartwright Act claims brought by Verity Health System, Prime Healthcare and Children's Hospital Los Angeles against more than 40 Blue Cro...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up