2 Cases End, But Adler Still Suing Law Firms Over 'Texas Hammer' Trademark
Houston attorney Jim Adler's lawsuits claimed that other lawyers and law firms committed trademark infringement on his well-known nickname, "The Texas Hammer," in mobile-device keyword search advertisements.
January 13, 2020 at 02:24 PM
4 minute read
Jim Adler, the Houston personal injury lawyer known as "The Texas Hammer," has put a nail in two of four lawsuits that alleged competitors used his trademark slogan in Google ads.
Court records show that Adler and his firm, Jim S. Adler PC, have entered settlements with a number of lawyers, law firms and legal marketing companies and then dismissed them as defendants in lawsuits that claimed trademark infringement on Adler's well-known nickname and other keywords used in online searches from mobile devices.
Most recently, Adler on Friday dismissed Ramji Law Group of Houston, said a Jan. 10 stipulated dismissal without prejudice that noted the parties have settled both Adler's claims and a counterclaim by the Ramji Law Group in Houston.
Adam Ramji, that firm's managing partner, said he couldn't disclose whether any money changed hands in the settlement. But he noted his position all along was that he did not do the things Adler's firm accused him of doing in the lawsuit.
In all four of the lawsuits, Adler alleged competing attorneys, law firms, legal referral websites and call centers infringed on his trademarks by using them in Google keyword search advertisements on mobile devices. Using those keywords allows the defendants' ads to pop up whenever potential clients search for Adler on mobile devices, the lawsuits claimed. Choosing among search results, potential clients then click on mobile "click to call" ads, making their phones automatically ring the defendants', rather than Adler's, firm.
|
Read more:
Hammer-Wielding Attorney Sues 14 Defendants Over Trademarked Moniker
The Ramji firm denied many of Adler's allegations in a Sept. 17, 2019, answer. It also lobbed a counterclaim seeking a declaratory judgment that use of keyword search terms such as "Jim Adler," "The Hammer," and more did not infringe on the plaintiff's trademarks. The answer and counterclaim added that the Ramji firm tested Google search results for those keywords, and the terms did not create search results that pointed to the Ramji firm.
The dismissal ends the case, Adler v. Law Street Marketing. Earlier in the dispute, the plaintiffs noted in a voluntary dismissal notice that they had entered settlements and dismissed claims without prejudice on Dec. 20, 2019, against the rest of the defendants in the case.
Likewise, the Adler firm on Dec. 6, 2019, dismissed a nearly identical lawsuit, Adler v. Alliance Injury Group, against six other defendants. The notice of dismissal without prejudice said the parties settled their dispute.
Some of the defendants' settlements included monetary compensation, while others did not, said plaintiffs lawyer Jered Matthysse, a member of Pirkey Barber in Austin. He declined to comment when asked how much money.
"Mr. Adler is happy with the resolution. I can say that all of the defendants involved in those cases that have settled have agreed never to bid on Jim Adler's trademarked name again in the future," Matthysse said, noting that the plaintiffs dismissed the cases without prejudice because they wanted to leave options open in case there's ever a breach of the settlements.
Two other lawsuits that Adler's firm filed are still ongoing, according to court records.
The defense attorney in both cases, Chris Schwegmann, partner in Lynn Pinker Cox & Hurst in Dallas, declined to comment.
In one of those, Adler v. Angel L. Reyes & Associates, defendant Angel L. Reyes & Associates has argued that the court should dismiss the lawsuit because using keyword search terms in online advertising does not infringe on trademark rights. When Adler claims search keywords can violate a trademark, that's expanding federal trademark law past what other courts have allowed, the defendant argued.
The Reyes' firm's Sept. 17, 2019, motion to dismiss said, "Adler's complaint is a blunt instrument—a proverbial hammer in search of a nail—designed solely to stifle lawful competition."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAdvising 'Capital-Intensive Spaces' Fuels Corporate Practice Growth For Haynes and Boone
4 minute readHomegrown Texas Law Firms Expanded Outside the Lone Star State in 2024 As Out-of-State Firms Moved In
5 minute readEnergy Lawyers Working in Texas Expect Strong Demand to Continue in 2025 Across Energy Sector
6 minute read'So Many Firms' Have Yet to Announce Associate Bonuses, Underlining Big Law's Uneven Approach
5 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250