A litigation funding firm, LawCash has filed a lawsuit in the New York Southern District Court against Lawcash911, Robert Joseph Hopkins, and Funding America for trademark infringement over allegedly deceiving consumers into buying an inferior service.
The plaintiff alleges that the defendants are using confusingly similar names such as Law Cash 911 and Lawsuit Cash Today to draw customer traffic to their websites without permission or authorization.
The plaintiff reportedly said that LawCash looks for personal injury cases, such as automobile accidents, slip and fall complaints, product liability, police brutality, and medical malpractice, where there is a high likelihood of a settlement and offers the plaintiffs loan to give them enough to live on until their lawsuits are settled.
The plaintiff claimed that Plaintiff Funding Holding has been using variations of “Lawcash” on its websites and phone number since 2000, and the trademarks were registered in 2003 and 2014.
The plaintiff alleges that its mark is distinctive and that the defendants had profited from the confusion and deceit of using a similar name and offering litigation funding services.
The plaintiff alleges that Hopkins tried to register Law Cash911 as a trademark in 2016.
LawCash reportedly sent a cease-and-desist letter to Hopkins who agreed to shut down the websites or take care of the problem but continued to use the mark.
LawCash accuses Hopkins and his companies of trademark infringement, unfair competition, palming off, misappropriation, unjust enrichment, and deceptive business practices.
LawCash seeks Hopkins to stop using confusingly similar marks, destroy materials that display the marks, turn over profits realized by using the marks, and pay three times the amount of the actual damages from lost sales.
The case is ongoing.
Plaintiff Funding Holding, LLC d/b/a LAWCASH v. Hopkins et al
|Judge:||Vincent L Briccetti|
|Court:||New York Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||August 24, 2020|