Supreme Court Insider
at Center of Trademark Infringement Lawsuit

New Texas Trademark Act Remedies:  Injunction, Three Times Profits, Attorney's Fees

AUSTIN, TX (October 4, 2012) - A lawsuit has been filed against ALM Media, the legal media powerhouse and owner of Law.com and Texas Lawyer, alleging trademark infringement for using the Supreme Court Insider mark on the internet and popular e-newsletter published by The National Law Journal, the nation's leading legal publication.

Ramiro Canales, the creator of SupremeCourtInsider.com (sm) and the owner of the registered trademark SupremeCourtInsider issued by the Texas Secretary of State, filed a lawsuit in Travis County under the new Texas Trademark Act.  He has been using the domain name and the trademark on the internet since August 30, 2005.

“ALM Media does not have my consent to use my trademark,” said Canales, a graduate of The University of Texas School of Law.  “The facts in this case are juicy and tasty like Texas barbecue.  I am excited about going to trial.”

The National Law Journal, a publication owned by ALM Media, charges readers $499 a year for a subscription to the e-newsletter Supreme Court Insider, which was launched on June 2, 2010.  ALM Media's website reveals it has 43,000 e-mail subscribers.

Canales, a former migrant farm worker from Santa Rosa in the Lower Rio GrandeValley who later served as an Assistant Attorney General for Texas Attorney Generals John Cornyn and Greg Abbott in the General Litigation Division, has been locked in a high stakes trademark battle with the legal juggernaut.  He learned trademark law on his own and is representing himself.  

In July, the Trademark Trial and Appeal Board (TTAB) denied ALM Media's motion for summary judgment on the issue of priority of use as a matter of law after Canales vigorously opposed it.  On September 24, ALM Media inexplicably abandoned its federal trademark application.  On September 25, the TTAB entered a judgment against ALM Media and sustained Canales' opposition to the trademark application.

“ALM Media underestimates my resolve,” said Canales. “I earned my bachelor's, master's and law degrees without owning a car.  I have lived the American Dream.  I do not give up.”

In 2011, Texas Governor Rick Perry signed into law HB 3141, which revised Texas' trademark law and provided potent monetary remedies.  Under the new law effective September 1, 2012, trademark owners may get an injunction, three times an infringer's profits, and attorney's fees.  The new law also provides substantial criminal penalties for trademark counterfeiting.