Sink Sr. v. Sink Jr.: Charleston Plaintiffs Lawyer Sues Son Over Law Firm's Name
Charleston personal injury lawyer George Sink Sr. has sued his son, George Sink Jr., for trademark infringement for opening his own plaintiffs firm, George Sink II Law Firm.
May 06, 2019 at 05:27 PM
4 minute read
South Carolina personal injury attorney George T. Sink named his son after himself—but now he is suing George T. Sink Jr. over their similar law firm names.
Sink Jr. opened George Sink II Law Firm in February, a few days after he was terminated from his father's firm, George Sink, P.A. Injury Lawyers, according to Sink Sr.'s lawsuit in South Carolina federal court.
Sink Sr.'s firm, George Sink, P.A. Injury Lawyers, claims the name of the new firm infringes on the older firm's trademark and could lead to confusion with clients or on Google searches, according to the April 25 complaint.
Sink Sr. said in the complaint that his firm, George Sink, P.A. Injury Lawyers, is one of the “most recognizable law firms in South Carolina.” Since its founding 22 years ago, the firm has grown to 45 lawyers in 13 offices, according to its website, including locations in Savannah and Augusta, Georgia.
Sink Sr. has trademarked “George Sink, P.A. Injury Lawyers” and invested a lot of money in the brand, according to his firm's complaint, which says the firm “advertises heavily” on TV, radio, social media and its website, sinklaw.com.
“The George Sink marks are famous, at least throughout South Carolina and Georgia,” says the suit, which is asking for an injunction to prevent Sink Jr. from using the name “George Sink” for his own plaintiffs firm. The suit is also asking for the cancellation of Sink Jr.'s website domain name, “GeorgeSinkLawFirm.com.”
After the younger Sink launched his firm, Google suspended the website for George Sink, P.A. Personal Injury, the complaint says, over confusion about the two separate business listings for George Sink.
It took the firm two weeks of correspondence with Google to satisfy the tech giant that George Sink, P.A. and George Sink II Law Firm were different entities. During those two weeks, the larger firm was knocked out of search results and lost “more than 600 positive Google reviews,” alleges the complaint, first reported by Myrtle Beach Sun News.
George Sink P.A. Injury Lawyers is suing “to protect consumers of legal services,” said a statement from its lawyers at Moore & Van Allen and Gibbs & Holmes in Charleston.
“The firm has obtained federal registered service marks to clearly indicate to the general public the source of the origin of the legal services the consumer is seeking. The marks exist to protect consumers from the confusion and misdirection caused by infringement,” the statement said.
“The goal is not to keep 'Ted' Sink from practicing law,” the statement continued. “However, when consumers look for George Sink PA Injury Lawyers, they must be confident they will find the firm they seek.”
'Birth Certificate' Brand
But Sink Jr.'s lawyers from South Carolina firm Bland Richter say he should be able to use his given name for his professional corporation.
George Sink Jr. (Courtesy photo)“We represent George Sink, Jr. This is the name that appears on his birth certificate, driver's license, Yale undergraduate degree and on his law degree, as well as on his licenses to practice law in South Carolina and Georgia,” said a statement from Eric Bland and Ronnie Richter.
“Whether trademark law permits a father to take back his son's name or restrict his right to practice law is an issue we would look forward to litigating through the courts,” the statement concluded.
Sink Jr., also known as Ted, returned to Charleston in 2013 to work in marketing for his father's firm after an 11-year career in advertising at McGarryBowen, BBDO and other firms in New York, according to the complaint and Sink Jr.'s LinkedIn profile.
He went on to become a lawyer, earning a J.D. in 2016 from Charleston School of Law, and then practiced at his father's firm. He is licensed to practice in South Carolina and Georgia.
A current Google search for “George Sink” reveals numerous listings for George Sink, P.A. Injury Law, plus several new links to news stories about the suit.
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