Binder v. Disability Group, Inc., 2011 U.S.Dist. LEXIS 7037 (C.D. Cal, 2011)
Plaintiffs are the folks behind Binder & Binder, the nationally advertised social security disability advocates. Defendant, a competitor, used plaintiff’s’ trademark “Binder & Binder” as a keyword in its adwords campaign. After trial, the court held that there was likelihood of confusion. Plaintiffs demonstrated actual confusion through survey and depositions. Apparently defendants were implying a false connection to Binder & Binder when potential clients would call.