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Rocky McElhaney sued competitor Hughes & Coleman last year, claiming that the multi-state law firm infringed on his name with an internet marketing scam designed to lure folks looking for Rocky McElhaney Law firm on the internet to click on Hughes & Coleman’s website instead.On Friday, a local judge agreed with McElhaney and decided the case in McElhaney’s favor. Chancellor C.K. Smith stated in his ruling, “The use of Rocky McElhaney Law Firm’s name without permission to deceptively get Rocky McElhaney’s potential clients caused [McElhaney] to suffer economical loss and therefore actual damages.”
The Court found that the evidence in the case showed that Hughes & Coleman’s internet marketing company, Clixsy, “intentionally and knowing” used a type of internet bidding method call dynamic keyword insertion which violated McElhaney’s name rights. Hughes & Coleman is responsible, the Court found, for the actions of Clixsy because Clixsy is the law firm’s agent doing what Clixsy was hired to do.
The judge called the ads ran by Clixsy for Hughes & Coleman “a deceptive act” during the court hearing last Friday in Wilson County, Tennessee.
McElhaney’s lawsuit alleged his identity was stolen by Hughes & Coleman in an unauthorized Google internet ploy designed to steal McElhaney’s business prospects. According to the court papers, Hughes and Coleman recognized the unique brand of law publicized and practiced by the “Rocky” brand so the law firm intentionally, unethically, illegally and unfairly set in motion an internet marketing campaign based on stealing the identity and popularity of McElhaney for their own profit.
The law that protects individual’s rights to their name and likeness is called the Tennessee Personal Rights Protection Act. The law provides that “every individual has a property right in the use of that person's name, photograph, or likeness in any medium in any manner.”
The lawsuit explains that Hughes & Coleman placed bids with Google so that when an individual searched “Rocky McElhaney Law Firm” on a mobile device, the popular search engine would display a banner with McElhaney’s firm name at the very top of the search results. This ad for McElhaney’s firm was linked to a Hughes & Coleman website landing page and included a phone number that rings at Hughes & Coleman’s offices. The Court ruled this is a violation of McElhaney’s legal rights. “Clixsy never purchased the rights to use Rocky McElhaney’s name nor did Rocky McElhaney giver permission to Clixsy to use his name, himself or his law firm.”
A screen shot picture of the advertisement, which ran online from February to June 2017 according to McElhaney’s suit, was included in the court documents.
Last year when the lawsuit was filed, Smith granted McElhaney an injunction requiring Hughes & Coleman to cease using McElhaney’s name.
Nashville-based Cynthia Sherwood (www.nashvillelegaldefense.com), lead attorney for McElhaney in the case, said, “Rocky has created a name unparalleled in personal injury law in Middle Tennessee, so Hughes & Coleman’s trading on his name is all the more egregious. We feel vindicated by this ruling and look forward to the damages phase of the case.”
Sherwood explained that the judge’s ruling effectively finds that McElhaney wins the case and that the Defendants are liable to McElhaney for monetary damages in this civil case. “The amount of money owed to Rocky will be determined later in another proceeding,” Sherwood added. The lawsuit seeks $2.5 million dollars in compensation and other damages. McElhaney also seeks forfeiture of Hughes & Coleman’s website and phone numbers used in what the lawsuit dubs “unfair competition and unethical deceit.”
Lebanon attorney Keith Williams, who also represents McElhaney in the case, called the actions of Hughes & Coleman “illegal” and explained about the case, “Rocky’s name and brand are valuable in the legal marketplace and no one can commercially exploit that without his permission. It is like the cases that happened when folks tried to use the name Elvis after he died.”
Internet marketing expert Mike Edwards, with Nashville-based Digital Law Marketing testified on behalf of McElhaney in the hearing. Edwards said, “This cannot be done mistakenly.” He explained, “The display ads using dynamic keyword insertion must be built in the dashboards.” Edwards concluded that the ads were ran “intentionally and knowingly.”
Rocky McElhaney has become a household name in Tennessee since he started marketing his firm in 2009 and running television advertising in 2013. McElhaney’s television ads are unique, highly personal and stand out in a crowded marketplace. A key aspect of the marketing of his law firm is placing digital ads on the internet to help clients find his website and phone number. According to the lawsuit, his law firm’s market presence and position has continued to increase, revenues have skyrocketed and the reputations of the Rocky McElhaney Law Firm has dramatically increased across the region.
McElhaney always closes his television advertisements saying, “We fight for you.” Apparently, the high-profile Nashville attorney also knows how to fight for himself.
Contact Info:
Name: Rocky McElhaney
Email: Send Email
Organization: Rocky McElhaney Law Firm
Address: 1311 6th Ave N, Suite 100, Nashville, TN 37208
Phone: 615-425-2500
Website: https://www.rockylawfirm.com
Release ID: 393171
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