'Heavy Hitter' Lawyer Hits Back at Ad Man

A personal injury attorney who uses the term "heavy hitter" to advertise his services has filed a declaratory judgment action in Nevada federal court to protect the legality of his trademark.

Las Vegas attorney Glen Lerner alleges that Richard Sackett, who owns an advertising company, misrepresented that he owned trademark rights in the term in connection with legal services.

According to the complaint, filed in the U.S. District Court for the District of Nevada, Lerner has used the term "heavy hitter" since 2001 and spent millions in advertising using the catchphrase.

He says Sackett fraudulently induced him in 2002 to enter into an agreement for advertising services.

Based on Sackett's misrepresentations, Lerner says, he believed the defendant had ownership rights in the "heavy hitter" term and contacted him about entering the agreement.

Lerner says he since has learned that Sackett owns no trademark rights in the phrase in connection with legal services since he does not provide such services.

Sackett has threatened to sue Lerner, who is seeking a declaratory judgment that he has the right to continue to use the "heavy hitter" mark.

Lerner also alleges fraud and seeks cancellation of Sackett's trademark registration.

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Lerner is represented by Mark G. Tratos, Eric W. Swanis and Peter H. Ajemian of Greenberg Traurig in Las Vegas.