Foley firms settle name dispute.

Byline: Jack Zemlicka

A pair of law firms recently concluded a costly, time-consuming version of the name game with neither necessarily coming away a winner. Milwaukee-based Foley & Lardner reached a fairly amicable settlement with Boston native Foley Hoag, which filed a trademark infringement suit in 2005 and believed the Wisconsin firm's prominent use of "Foley" created significant client confusion. The fight for "Foley" dates back to 2004 when Foley & Lardner's request to patent the single name was denied by the U.S. Patent and Trademark Office on grounds that it could create confusion. Two years earlier, Foley Hoag registered its two-name title as a service mark. "We don't feel that our previous strategy was confusing to people in the marketplace, but we elected to make the changes anyway," said the firm's general counsel, James R. Clark. "We have no plans to alter our fundamental marketing approach or advertising." Chairman and CEO Ralf Boer echoed the sentiments saying, "We're dealing with a pretty sophisticated clientele here, so I'm not sure there was that much confusion to begin with, but we certainly wanted to avoid future conflict. Our goal is not to get involved in lawsuits, especially with other firms." The Same, But Different The linchpin of the agreement is a requirement that Foley & Lardner not use a logo with the single word "Foley" without "Foley & Lardner" in close proximity and prominence. Foley & Lardner also cannot refer to itself as "Foley" in written or oral communications unless the used in a context reasonably understood to be referring to Foley & Lardner. "This is a victory for Foley Hoag and a vindication of our position," said Co-Managing Partner Robert S. Sanoff, in a statement. "Foley Hoag is a storied brand of which we are justifiably proud, and we are committed to protecting its value as a strategic asset, especially as we continue various growth initiatives that extend our brand." The provisions, effective immediately, are expected to help legal service seekers differentiate between the two firms, especially within cities where both have operations such as Washington, D.C. and Boston. Boer believed the...