Better Call Saul, Season 1
[Jimmy and Howard are appearing before a judge, due to Jimmy erecting a billboard that deliberately imitates HHM's logo and branding]
Jimmy:
Your Honor, I'm a humble solo practitioner, merely trying to ply my trade in an aggressive and evolving marketplace.
Howard:
As I've argued repeatedly, this is trademark infringement. Mr. McGill's new logo is an absolute copy of ours.
Jimmy:
I think it falls firmly under fair use.
Howard:
Fair use? You're clearly profiting, so fair use doesn't apply.
Jimmy:
It—There are only so many fonts out there. Does Mr. Hamlin outright own them all?
Howard:
No, but we've been using this particular font for 12 years now, and it, in concert with our tri-rectangle graphic and Hamlindigo Blue, constitutes a trademarked brand identifier.
Jimmy:
Whoa, whoa. Back up. Hamlindigo Blue?
Howard:
Yes. That is our trademarked name.
Jimmy:
Holy crap. You seriously named a color "Hamlindigo"? That is... yikes.
Howard:
"Yikes"? From the man dressed exactly like me. Your Honor, I feel like I'm in the mirror routine with Groucho Marx, like we should be standing, waving our arms at each other.
Jimmy:
Really? I don't see it.
Howard:
In addition, the name McGill appears in both logos, which, I believe, Mr. McGill is hoping to further confuse potential clients.
Jimmy:
So I can't advertise under my own name now? I'm to be penalized 'cause I happen to share a name with one of HHM's partners? You can't take my name from me.
Judge:
The name is not the problem here, Mr. McGill.
Jimmy:
Uh, Mr. Hamlin certainly seems to think so. I mean, he wants me to change my name 'cause he claims that-that—what—it's some kind of threat to his business? Your Honor, this is restraint of trade, okay? Whatever happened to the free market, huh? No, Hamlin here wants you to tell—
Judge:
Okay, okay, I've... Enough. Mr. McGill, I've heard enough. Alright, yes, you are within your rights to advertise using your own name. However, in my estimation, the billboard clearly and intentionally duplicates elements of the Hamlin, Hamlin & McGill logo. You're actively copying their established brand for your own gain. I don't see any other reasonable explanation.
Jimmy:
Your Honor, I—
Judge:
Jimmy, Jimmy. Wise up. The billboard must come down within 48 hours.
Submitted by wikidude on June 03, 2024
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