Matt Witt (left) and Dean Boyd (right), images from respective law firm websites.
If someone is looking for a personal injury attorney in Lubbock and searches Matt Witt’s catchphrase seen on billboards around town, the top result on Google is:
“You Meant Dean Boyd, Right? | Get Hit By A Truck Driver?”
Witt is hitting back, suing Dean Boyd in federal court for “unfair competition, trademark dilution, and false advertising under federal law and Texas common law.”
Witt started using the phrase “Get Hit? Call Witt” in 2016, according to his lawsuit. The United States Patent and Trademark Office officially registered the mark in February of this year.
Witt also made claims under Texas law.
“Attorney Dean Boyd, PLLC – a Texas-based personal injury law firm – has improperly used Plaintiff’s Mark in its own advertising and has redirected online consumers to Defendant’s website by utilizing Plaintiff’s Mark,” the lawsuit said.
Witt also sent a “cease and desist letter” to Boyd’s law firm in March, the suit said.
“I’ve worked hard to build the reputation I have here. I’ve worked a lot of years and he’s using my name and associating my name with his law firm and his advertisements and has been doing that for some months now,” Witt told LubbockLights.com.
Boyd told us in an email, “I completely disagree with the allegations made in their filing. However, I am not able to provide further comment at this time.”
The advertisement
The lawsuit included a screen capture of a Google ad with the title, “You meant Dean Boyd, Right? | Get Hit Call Witt? …”
LubbockLights.com looked online and found the “Get Hit Call Witt” portion was no longer included in the title of the ad. A Google search for “Get Hit Call Witt” brought up a paid ad for Boyd at the top of the Google results.
The lawsuit said Boyd’s law firm “has intentionally utilized the Mark in its own advertising and has misguided and redirected consumers … ”
“It confuses people. I have clients that call and think they’re talking to my firm, but they’re talking to his. They get confused and they have to get back with us. So, it’s not fair to Texans. It’s not fair to people searching for legal services to be confused on who’s associated with their firm. And frankly, I think he’s using my name to capitalize on it,” Witt said.
Boyd has not yet filed his side of the story in court records. The lawsuit seeks an unspecified amount of money and a court order to stop the use of the trademark.
Story behind the phrase
“I decided back in college, I knew I wanted to go to law school. My parents were working-class people. My dad was a mechanic. My mom worked in a grocery store,” Witt said.
After getting a degree from the University of Texas, he came to Texas Tech for a law degree.
“After living here in Lubbock, I really like the area and I like the people a lot – decided to stay here and make it my home and build my firm here,” Witt said.
The phrase came from a client at the end of a case.
“He was telling me that he was real happy with the representation – said, ‘I just tell people if you get hit, call Matt Witt,’” Witt said, and it resonated with him.
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