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Personal Injury Lawyer Worcester Ma
Brad Petrishen Telegram & Gazette Staff @BPetrishenTG
WORCESTER – One personal injury law firm in Worcester is suing another in federal court claiming that it’s been injured by a copycat billboard.
Ellis Law Offices of Pleasant Street, in a lawsuit removed to U.S. District Court Tuesday, alleges that The Law Offices of Joseph J. Cariglia blatantly copied its Interstate 290 billboard to try and siphon customers.
“Upon information and belief, Defendant Law Offices of Joseph J. Cariglia, P.C. intentionally copied Plaintiff Ellis' advertising billboard with the intent of confusing potential clients and tricking potential clients who had seen Ellis' billboard into calling Cariglia instead,” Robert A. Riordan Jr. of Ellis wrote in an eight-page complaint.
According to Mr. Riordan, Ellis Law placed a “very distinctive” medium blue and yellow billboard featuring an “extension” with the likeness of several firm lawyers on Interstate 290 East on Aug. 24. The text on the billboard read, “Injured? Results you deserve” and included the firm’s information.
The lawsuit says that around October 2017, The Law Offices of Joseph J. Cariglia put up a similar billboard on Interstate 290 West. The billboard, also medium blue and yellow, featured an extension of six of its lawyers along with the words, “Injured? Don’t stand alone,” the lawsuit says.
Mr. Riordan, calling the billboard “blatant copying,” argues that it is “likely to cause confusion among consumers as to the source of the legal services advertised.”
He is requesting a judge order his rival to take down its billboard and pay him $500,000 in damages. He levies six counts against Cariglia Law and its marketing company, Murray Marketing Inc. of Shrewsbury, including trade dress infringement and intentional interference with contractual relations.
“The partners at Ellis Law Offices spend a lot of time and effort to present very unique advertising to the public, so as to unquestionably separate us from competing law firms," a statement this week from Ellis Law Offices said. "We respect the right of all attorneys to advertise as long as they maintain their own identity. When our advertising is emulated to the extent that the public becomes confused, we become concerned, and that is why we are seeking injunctive relief.”
In a statement Friday, Murray Marketing denied claims of any wrongful conduct in its billboard posting.
"Billboards of this type, advertising legal services, are seen in many markets across the country; the contents of these kinds of billboards are generally descriptive and do not contain unique or original types of information," the statement read.
"As to the specific billboards referenced in this lawsuit, there are numerous differences between them, including colors, specific elements and language included, arrangement of wording and pictures, and numbers of pictures. Competitors in many different industries regularly compete using similar advertising methods, whether on radio, television, internet or billboards. Legitimate competition is permissible and encouraged, and the response to fair competition should not be an attempt to shut it down."
