In an uncommon twist within the governor’s race, a rich Democratic businessman is suing former Los Angeles Mayor Antonio Villaraigosa over the usage of a standard phrase in political campaigns.
Stephen Cloobeck, a philanthropist and Democratic donor who made his fortune in actual property and hospitality, filed a lawsuit towards Villaraigosa this week after the previous mayor repeatedly described himself as a “confirmed downside solver” in marketing campaign supplies.
Cloobeck, who has utilized for a federal trademark of the phrase “I’m a confirmed downside solver,” texted the federal lawsuit to Villaraigosa late Tuesday, although the previous mayor has not been served but.
The lawsuit argues that Cloobeck has been utilizing the phrase since March 2024, and that “it has acquired intensive goodwill, developed a excessive diploma of distinctiveness, and develop into well-known, well-known, and acknowledged as figuring out Cloobeck’s marketing campaign.”
“In mild of the celebrity, acquired goodwill, and total shopper recognition of [the phrase Cloobeck is seeking to patent, he] may be very involved that the general public will doubtless be confused or mistakenly imagine that Villaraigosa’s marketing campaign is endorsed, accepted, sponsored by, or affiliated, linked, or related to” Villaraigosa, the swimsuit alleges.
Cloobeck and Villaraigosa are two Democrats operating in an more and more crowded 2026 gubernatorial discipline to interchange termed-out Gov. Gavin Newsom.
Representatives for Villaraigosa had been incredulous {that a} phrase that’s utilized by politicians and elected officers throughout the nation could be the topic of litigation.
“That is utterly ludicrous. This lawsuit is a joke,” stated Josh Pulliam, a strategist on the Villaraigosa gubernatorial marketing campaign. “Antonio launched his marketing campaign on his file as a confirmed downside solver, and Cloobeck desires to stop him from saying that? We predict it’s completely ridiculous and Trump-like ways. Who is aware of what he’s going to go after subsequent?”
Cloobeck stated he sought to get Villaraigosa, who he has recognized for a quarter-century, to cease utilizing the phrase and solely filed the lawsuit after an absence of response to texts, cellphone calls and requests for a face-to-face assembly.
“The response from them — or the shortage of response from Antonio to me — is frankly offensive,” he stated, including that that they had lunch on the Polo Lounge in Beverly Hills six weeks in the past. “You may be buddies and have a enterprise disagreement.”
Authorized students stated the lawsuit has little likelihood of success.
“The declare that this can be a distinctive or distinctive phrase that might be trademarked may be very tough to succeed on. Within the political context, individuals would need to tread much more fastidiously since you don’t need to take phrases out of the political debate,” stated Jessica Levinson, an election regulation professor at Loyola Legislation Faculty.
“This sounds extra like a political tactic than a authorized tactic,” Levinson added.
