LAS VEGAS (CN) - Personal injury attorney Glen Lerner, known for the catchy jingles in his ads, says an advertising agency tricked him into believing it owned the phrases "Heavy Hitter" and "Heavy Hitters," terms Lerner has been using since 2001.
In August 2002, Lerner says, he tried to enter into an advertising agreement with Richard Sackett, owner of ad agencies LawCo U.S.A. and Group Matrix, believing the defendants have owned the trademark rights to the phrases in relation to legal services since 2001.
Lerner says defendant's registration of the phrases was fraudulently obtained because the agencies do not use the mark in connection with legal services.
"Defendants ... do not provide such legal services in connection with the marks," Lerner claims in Federal Court. "Additionally, defendants cannot provide such services because defendants are not licensed attorneys capable of providing legal services."
Lerner also says the defendants used the phrases to enter licensing agreements with other "legal service providers" outside Nevada.
"Defendants have not exercised the requisite quality control over the legal services offered by any of its clients necessary to establish trademark rights; therefore, defendants do not have legitimate trademark rights in the marks," the lawsuit states.
In mid-August, the defendants demanded that Lerner stop using the phrases "Heavy Hitter" and "Heavy Hitters" or face legal action.
Lerner seeks declaratory judgment and wants the defendants' trademark registration canceled.
Lerner is represented by Peter Ajemian with Greenberg Traurig.
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