[Jimmy and Howard are appearing before a judge, due to Jimmy erecting a billboard that deliberately imitates HHM's logo and branding]
Your Honor, I'm a humble solo practitioner, merely trying to ply my trade in an aggressive and evolving marketplace.
As I've argued repeatedly, this is trademark infringement. Mr. McGill's new logo is an absolute copy of ours.
I think it falls firmly under fair use.
Fair use? You're clearly profiting, so fair use doesn't apply.
It—There are only so many fonts out there. Does Mr. Hamlin outright own them all?
No, but we've been using this particular font for 12 years now, and it, in concert with our tri-rectangle graphic and Hamlindigo Blue, constitutes a trademarked brand identifier.
Whoa, whoa. Back up. Hamlindigo Blue?
Yes. That is our trademarked name.
Holy crap. You seriously named a color "Hamlindigo"? That is... yikes.
"Yikes"? From the man dressed exactly like me. Your Honor, I feel like I'm in the mirror routine with Groucho Marx, like we should be standing, waving our arms at each other.
Really? I don't see it.
In addition, the name McGill appears in both logos, which, I believe, Mr. McGill is hoping to further confuse potential clients.
So I can't advertise under my own name now? I'm to be penalized 'cause I happen to share a name with one of HHM's partners? You can't take my name from me.
The name is not the problem here, Mr. McGill.
Uh, Mr. Hamlin certainly seems to think so. I mean, he wants me to change my name 'cause he claims that-that—what—it's some kind of threat to his business? Your Honor, this is restraint of trade, okay? Whatever happened to the free market, huh? No, Hamlin here wants you to tell—
Okay, okay, I've... Enough. Mr. McGill, I've heard enough. Alright, yes, you are within your rights to advertise using your own name. However, in my estimation, the billboard clearly and intentionally duplicates elements of the Hamlin, Hamlin & McGill logo. You're actively copying their established brand for your own gain. I don't see any other reasonable explanation.
Your Honor, I—
Jimmy, Jimmy. Wise up. The billboard must come down within 48 hours.
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