Two Chicago-based law firms recently settled an unusual trademark dispute. The firms have a name in common — O'Keefe. O'Keefe Lyons & Hynes, LLC ("OLH") filed a complaint against O'Keefe Law Firm, LTD ("OLF") in the District Court for the Northern District of Illinois on July 21, 2017. The complaint alleged that OLF was violating OLH's federal and state trademark rights, in addition to violating federal and state unfair competition laws.

A case like this one is rare in the legal services field. However, it may prove instructive for firms who have names similar to local competitors, especially those in the same practice area.

OLH alleged that it had been using its firm name since 1937 and has always provided property tax legal services. OLF was apparently established in 2012, providing the same services as OLH. OLH claimed that it first became aware of the issue when one of its clients was confused between OLH and OLF. According to OLH, given that both firms advertise online and elsewhere, it is likely that this confusion would continue, in violation of its trademark rights.

While terms of the settlement were not disclosed, the O'Keefe Law Firm continues to use that name but now has a disclaimer on the bottom of its home page: "O'Keefe Law Firm, Ltd. is not affiliated with O'Keefe, Lyons, and Hynes, LLC." For more, see ABA Journal, 2 Illinois law firms using the name O'Keefe settle their legal battle at https://bit.ly/2Hhr6Ay. Find out more about trademark law and the O'Keefe case in the May Illinois Bar Journal.