Hammer-Wielding Attorney Sues 14 Defendants Over Trademarked Moniker
"The nature of their scheme leaves little doubt as to defendants' bad-faith intent to trade on plaintiffs' goodwill and reputation," claim four federal lawsuits by Jim Adler, "The Texas Hammer."
August 26, 2019 at 04:25 PM
5 minute read
Houston personal injury lawyer Jim Adler has a message for competitors: Don't mess with "The Texas Hammer."
In four federal lawsuits, the attorney who has for years billed himself as "The Hammer" 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.
"New technology raises new challenges to trademark holders' rights," plaintiff attorney Jered Matthysse of Pirkey Barber in Austin said in an email. "Our complaints seek to prevent the misuse of click-to-call technology on mobile devices in a way that violates trademark rights and confuses consumers."
Adler's marketing stands out.
In one ad, he yells, "Bring it on," as he claims insurance companies play dirty with victims. Holding a sledge hammer, he then begins to walk in the middle of the road toward an oncoming 18-wheeler. The big rig slams on its brakes just feet from Adler, who looks toward the camera and laughs, "I thought so."
In four nearly identical original complaints filed in the U.S. District Court for the Northern District of Texas, Adler claims the case isn't about legitimate comparative advertising.
"Defendants have bid increasingly higher amounts to strategically place their own confusing ads next to—and often before—plaintiffs' own ads in the search results," the lawsuits alleged. Defendants have done so intentionally, knowing that having their ads appear next to or before plaintiffs' ad will cause a significant number of consumers specifically searching for plaintiffs to be confused and contact defendants instead."
|Who are the defendants?
Adler v. Alliance Injury Group
|- Alliance Injury Group, Tyler, Texas
- Brett Hollett, Vestavia Hills, Alabama
- Zachary Peagler, Mountain Brook, Alabama
- James Shelnutt, Lakeland, Florida
- Douglas Brett Turnbull, Birmingham, Alabama
- Crockett Law, Houston, Texas
- Law Street Marketing, Frisco, Texas
- Premium Injury Help, Little Elm, Texas
- Deana Bryant, Frisco, Texas
- Coety "Cody" Bryant, Frisco, Texas
- Ramji Law Group, Houston, Texas
- McNeil Consultants, Oklahoma City, Oklahoma
- Lauren Von McNeil, Choctaw, Oklahoma
Adler v. Angel L. Reyes & Associates
|- Angel L. Reyes & Associates, Dallas, Texas
Practicing since 1967, Adler and his law firm have built a widely recognized brand in Texas, as one of the first Lone Star State law firms to advertise on television. Since the 1990s, he's used the trademarks: Jim Adler, The Hammer, The Texas Hammer and El Martillo Tejano, the complaints said.
"The Adler marks are famous in the state of Texas," said the complaints, noting the firm since 2000 has spent more than $100 million on advertising on TV, radio, billboards and the internet in the state's large metro areas. Those ads have reached tens of millions of Texans, the complaints said.
Over the years, Texas newspapers have called Adler one of the most famous attorneys in Texas, have said everyone knows his voice, and added his ads to a list of top five most memorable attorney ads, the suits alleged.
The firm also spends hundreds of thousands of dollars per year on Google keyword search ads for keywords, including its trademarks and the type of cases it takes, according to the complaints.
The lawsuits alleged that the defendants use a fraudulent scheme to use Adler's reputation and trademarks when they buy mobile device keyword search ads for his name and trademarks. This has the effect of making the defendants' "click-to-call" ads pop up when people use their mobile devices to search for Adler, according to the complaints. Also, the defendants are bidding high amounts for Adler's marks, which has the effect of driving up the costs for Adler himself, the attorney argued. A higher number of consumers are calling the defendants' lawyer referral call centers by mistake even though they're searching for Adler, the lawsuits alleged. Those call centers then refer the clients to Adler's competitors.
"Defendants wrongfully induced prospective clients trying to reach plaintiffs into engaging competitive lawyers and firms. The nature of their scheme leaves little doubt as to defendants' bad-faith intent to trade on plaintiffs' goodwill and reputation," the lawsuits claimed.
Thirteen of the 14 defendants for whom Texas Lawyer was able to locate contact information didn't return messages seeking comment before deadline.
Watch "The Texas Hammer" ad:
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