Trial Lawyer Bar Launches Trademark Fight Over Its Former Name
The Washington, D.C.-based bar association sued the California-based Association of American Trial Lawyers for trademark infringement and unfair competition.
July 01, 2019 at 04:24 PM
4 minute read
American Association for Justice offices in Washington, D.C., Sept. 14, 2016. Photo by Diego M. Radzinschi/ALM
The Association of Trial Lawyers of America (ATLA) changed its name in 2006 to the American Association for Justice (AAJ), saying it wanted to focus on what its members do, rather than what they call themselves.
But that doesn't mean AAJ is willing to give up the old name without a fight.
On June 28, the Washington, D.C.-based bar association sued the California-based Association of American Trial Lawyers (AOATL) for trademark infringement and unfair competition. It accuses AOATL of trying to “trade on the good will existing in connection with the ATLA and ASSOCIATION OF TRIAL LAWYERS OF AMERICA marks, or to otherwise lead consumers to believe that there was some connection or affiliation between its goods and/or services and those of Plaintiff.”
The world's largest trial lawyer bar was able to summon considerable firepower for its complaint. Robins Kaplan IP litigation chairman Chris Larus and associate Taylor Moore-Willis joined Christopher Nace of D.C.'s Paulson & Nace and Craig Hilliard of New Jersey's Stark & Stark on AAJ's complaint.
AAJ was founded in 1946 as the National Association of Claimants' Compensation Attorneys. The name changed three times as its footprint expanded before landing on Association of Trial Lawyers of America and ATLA in 1971, according to the organization's website.
“Since at least 1972, plaintiff has continuously used the distinctive mark ASSOCIATION OF TRIAL LAWYERS OF AMERICA in interstate commerce throughout the United States to indicate membership in its association” and in connection with the sale or promotion of publications, seminars and conferences.
It might still be using the marks, but it formally changed its name to American Association for Justice in 2006. The name change was “to communicate more strategically and clearly about why we are proud to be trial lawyers and why what we do is important,” according to an FAQ on the website.
“Experience has shown us that when organizations change their names, media coverage reports the former name for a short period of time, then stops referring to it at all,” the FAQ explains. “For instance, stories covering the Consumer Attorneys of California, which changed from the California Trial Lawyers Association, do not mention the former name.”
AAJ continues to co-brand itself as the Association of Trial Lawyers of America/ATLA, however.
The Association of American Trial Lawyers appears to be a relatively new entrant, and appears focused primarily on promoting its “Top 100” attorneys, “40 under 40” and the like. Its registrations say the mark has been in use since at least last year, and is geared toward “advertising agencies specializing in law and the legal profession.”
Tara Steiner is listed as the applicant, and John Steiner of the Law Offices of John Steiner registered AOATL's mark. A person who answered the phone at AOATL's offices June 28 said she was unaware of the suit. John Steiner did not respond to an email sent Friday afternoon.
According to AAJ's suit, AAJ sent AOATL a cease-and-desist letter in December, after which AOATL sought to register its mark.
AAJ's suit seeks to enjoin AOATL from using its name, acronym, “or colorable imitation of the ATLA and ASSOCIATION OF TRIAL LAWYERS OF AMERICA marks.” It also demands destruction of all “products, labels, signs, prints, packages, wrappers, receptacles, promotional items, promotional literature, and advertisements” that use the offending marks; damages and reasonable attorney fees.
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