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Trademark Dispute: San Antonio Lawyer Faces Lawsuit

Lawyers in a courtroom discussing trademark issues

News Summary

San Antonio personal injury lawyer Jeff Davis is facing a trademark infringement lawsuit from prominent Las Vegas attorney Glen Lerner. Lerner claims Davis’s advertising slogans closely resemble his trademarked phrases. The federal lawsuit seeks over $10 million in damages as Lerner asserts that Davis’s actions threaten his established brand identity. Both lawyers have engaged in strategic legal maneuvers, raising questions about intellectual property in the competitive legal services arena. As the case unfolds, implications for creative promotion within the legal profession are significant.

Trademark Turmoil: San Antonio Lawyer Faces Lawsuit from Prominent Rival

In a dramatic twist in the legal arena, personal injury lawyer Jeff Davis has found himself embroiled in a fierce trademark infringement lawsuit filed by none other than the renowned Las Vegas attorney Glen Lerner. Known for his extensive legal marketing tactics, Lerner is claiming that Davis’s catchy advertising slogans are infringing upon his established trademarks.

The Heart of the Dispute

The lawsuit, filed in federal court in San Antonio, pivots on the contention that Davis has been using slogans that bear an uncanny resemblance to Lerner’s. Specifically, Davis is accused of employing the phrases “One call solves all” and its Spanish counterpart “Una llamada soluciona todo”. According to Lerner, these slogans are too close to his own well-known expressions—“One call … does it all” and “One call, that’s all”—which he claims have played a significant role in building his impressive national reputation.

Lerner is not holding back in his pursuit of justice, seeking a staggering amount of more than $10 million in damages due to what he describes as Davis’s “illegal acts”. With over 25 years of strategic branding and advertising investments, Lerner attributes his success in the competitive legal landscape to the exclusive use of his trademarked phrases.

Davis’s Position and Trademark Challenges

Jeff Davis is best recognized for his catchy slogan “Call the 4s!”, which features advertisements with a distinctive outstretched hand showing four fingers. His company, Here4You LLC, boasts at least 11 registered trademarks, including “444-4444” and “Call the 4’s”. Despite attempting to trademark the contested slogans, Davis has faced significant opposition as the U.S. Patent and Trademark Office has already refused the registration. The office cited a potential “likelihood of confusion” with Lerner’s established trademarks, documented in “nonfinal office action” letters from March 2024.

In a calculated response to the trademark office’s concerns, Davis argued in September that the consumer base is comprised of sophisticated and discerning individuals who would not confuse the slogans. He also pointed to other law firms that employ similar phrases, questioning the strength of Lerner’s trademarks.

Lerner’s Legal Counterattack

Lerner has not taken the situation lightly and included allegations of unfair competition, false advertising, and unjust enrichment against Davis and related parties within his lawsuit. The legal skirmish underscores the intensity of competition in the legal services marketplace, where brand identity and recognition can significantly influence success.

Experts note that trademark disputes such as this are not uncommon, particularly in the highly competitive legal industry, where catchy slogans can be the difference between a successful case and lost clientele. Davis, however, has a history of trademark litigation, having previously been involved in a legal dispute with a cousin over a marketing agreement pertaining to his law practice, though that case was dismissed.

Future Implications

As the legal battle between Davis and Lerner unfolds, it raises critical questions about the protection of intellectual property in the legal profession. It remains to be seen if Lerner’s formidable reputation will triumph and if Davis’s innovative slogans will survive the courtroom scrutiny.

For now, this clash illustrates the ongoing risks that attorneys face in balancing creative promotion with legal compliance, setting the stage for notable ramifications in the world of trademark law.

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