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A Massachusetts federal judge has issued a preliminary injunction barring plaintiffs law firm Parker Waichman Alonso from using or making television or video advertisements with certain phrases, sounds and visual effects. Market Masters-Legal, a law firm advertising company, sought the injunction in a lawsuit that accuses the firm, a former client, of making commercials using its copyrighted material in violation of a written agreement. On July 23, District Judge Dennis Saylor IV of the Worcester division of the District of Massachusetts, issued the order in Market Masters-Legal, A Resonance Company Inc. v. Parker Waichman Alonso LLP. Saylor wrote that he stated the basis for the order in open court. Saylor’s order bars Parker Waichman, a personal injury firm with offices in New York, New Jersey and Florida, from using or producing a television or video advertising script with several elements. These include: • The words, “You deserve justice, now demand it,” in any tense; • The words, “Let’s settle this one,” or “… settle this one,” in any tense; • The display of the firm’s telephone number with beeping sound effects mimicking the sound of a telephone; • A spokesperson who points and states “right now” in an emphatic or urgent manner; • The use of the words “right now” at the end of an advertisement; • A “gong” or metallic sound effect used as a dramatic element in conjunction with the presentation of the firm’s name; or • A visual “gong bar” containing the firm’s name, in whole or in part, displayed in conjunction with the dramatic sound effect. Saylor noted that the injection would expire at 11:59 p.m. Eastern Time on August 15, or with an additional court order. Also on July 23, Saylor transferred the case to the District of Massachusetts’ Western Division in Springfield, Mass. because plaintiff Market Masters-Legal is based in Northampton, Mass. Market Masters-Legal originally filed the breach-of-contract case in Massachusetts Superior Court for Worcester County on June 18. Parker Waichman removed it to Worcester federal court on July 7. Market Masters-Legal claimed Parker Waichman violated a written licensing and servicing agreement barring it from making or broadcasting any advertisement with scripts similar to those Market Masters-Legal created for it for two years after the end of the contract. According to the complaint, the firm asked Market Masters-Legal to show it sample advertisements in March 2006 and signed an agreement not to produce or use a script similar to the demo commercials. The two companies signed a contract “a short time later” and Market Masters-Legal created 57 television advertisements for the firm over a three-year period. Market Masters-Legal claims it has copyrights for some of the elements Parker Waichman used without authorization, including “You deserve justice, now demand it,” and “Let’s settle this one.” Neither the companies nor their attorneys could be immediately reached for comment. Kathryn O’Leary of Worcester’s Gould & Ettenberg represents Market Masters-Legal. Thomas Conte, a partner at Worcester-based Bowditch & Dewey, represents Parker Waichman.

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