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Trademark Tensions Over “We Win or It’s Free” Ads
A federal trademark suit filed on August 11 is drawing attention in the Philadelphia legal community. Attorney Joel. J. Kofsky, of Philly Injury Lawyer, has sued Spear Greenfield Richman Weitz & Taggart in the Eastern District of Pennsylvania, alleging unauthorized use of his registered slogan, “We Win or It’s Free.”
Kofsky claims he began using the phrase in 2011 and secured federal registration in 2018. The complaint alleges that Spear Greenfield adopted the slogan in its advertising and online content starting in 2021, with expanded use in 2024 across social media and blog platforms.
The lawsuit seeks injunctive relief, damages, and attorney fees, citing dilution of the mark and unjust enrichment. Kofsky is proceeding pro se while no defense counsel has entered an appearance. The case is also awaiting judicial assignment.
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