5th Circ. Revives Atty's TM Claim Over Online Ads

By Tiffany Hu (August 11, 2021, 4:58 PM EDT) -- The Fifth Circuit has revived a lawsuit brought by an attorney who accused a lawyer-referral group of employing a "bait-and-switch scheme" to lure customers into using its services.

In a published opinion issued Tuesday, a three-judge panel reversed a Texas federal judge's dismissal of personal injury lawyer Jim S. Adler's lawsuit, which alleged that Lauren Von McNeil and her company Accidental Injury Legal Center used his registered trademarks as keywords for "click-to-call" ads that misdirected potential clients to them instead.

The district judge had adopted a magistrate's finding that Adler's claims regarding McNeil's "bait-and-switch scheme" were only "conclusory" and refused to...

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