The San Antonio and Florida lawyers who’ve been in a practically 4-12 months battle about the marketing slogan “Ever Argue With A Girl?” are completed arguing.
Court papers submitted this week exhibit the get-togethers arrived at a settlement in the trademark infringement circumstance that played out in San Antonio federal court. It experienced been established to go to demo next thirty day period.
“I’m restricted by the nondisclosure settlement, but I am able to use the ‘Ever Argue With A Female?’ tagline during the state of Texas,” San Antonio legal professional Heather Tessmer reported Thursday.
She has entered an settlement to license the phrase from Florida divorce lawyer Melissa A. Wilson as part of the settlement, she mentioned.
In 2018, Wilson sued Tessmer and her organization for using the phrase “Ever Argue With A Woman?” on billboards, the world wide web and small business cards to pitch her authorized providers.
Wilson, of Bartow, Fla., claimed in her lawsuit the slogan was “confusingly similar” to “Ever Argued With A Lady?,” which she utilizes to market place her regulation organization. She obtained a trademark registration for her slogan in July 2014 but has applied the phrase given that September 2007, her fit claimed.
The only difference between the two slogans is the tense of the word “argue.”
Wilson also owns the online domain title everarguedwithawoman.com. John Cave, her San Antonio lawyer, didn’t have any remark.
She sought a court docket order that would reduce Tessmer and her law firm from utilizing the slogan or something equivalent.
Tessmer submitted a counterclaim in 2019 to receive a court docket judgment nullifying Wilson’s “nonexistent trademark rights” to “Ever Argue With A Lady?” Tessmer mentioned she experienced made use of the phrase since 2011.
In 2019, following the dispute spilled into court docket, Wilson moved to trademark “Ever Argue With A Woman?”
Tessmer opposed the software, expressing her organization would be “damaged by the registration.” She also accused Wilson of committing fraud on the U.S. Patent and Trademark Office environment by declaring in the trademark application that no other end users have a right to use the slogan.
Tessmer pointed out she had gained a registration certificate for the trademark “Ever Argue With a Woman?” from the Texas secretary of state’s business in 2018.
Wilson countered that she discovered Tessmer experienced been making use of “Ever Argue With A Girl?” since June 2014 and subsequently sent a cease-and-desist letter objecting to the use of the phrase. Tessmer dismissed the letter, Wilson alleged.
She also alleged that Tessmer submitted a fraudulent declaration to the Texas secretary of state by not pointing out Wilson’s trademark.
The trademark dispute in advance of the Trademark Trial and Enchantment Board was suspended pending the end result of the lawsuit.
On Tuesday, a working day ahead of the settlement was achieved in the San Antonio federal court case, Tessmer withdrew her opposition to Wilson’s application to trademark “Ever Argue With A Lady?”
“It came down to a enterprise determination due to the fact we couldn’t afford to pay for to carry on litigating, even though we required to,” said Tessmer, whose practice involves relatives legislation, estate arranging and personalized-harm circumstances.
“Everybody loves that tag line,” she added. “Except now we’ve acquired a case that just went by way of with Johnny Depp, and he last but not least gained an argument with a female. Which is been the major joke now, far too.”
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