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Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

via Business Wire

Cites violation of free speech and history of legal bad-behavior

Democratic California Gubernatorial candidate Antonio Villaraigosa, the former Los Angeles Mayor and Speaker of the California Assembly, demanded in a court filing (Case No. 2:25-cv-03790) the dismissal of a lawsuit seeking to prevent him from using the phrase “proven problem solver” in his campaign for California governor.

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In his motion to dismiss filed by Ellis George LLP, Century City, CA, Mr. Villaraigosa says the commonly used phrase “proven problem solver” is not subject to trademark protection and that preventing him from using the phrase infringes on his rights under the First Amendment of the United States Constitution. Political opponent Stephen Cloobeck earlier filed to try to trademark the phrase, “I am a proven problem solver,” and filed his trademark infringement lawsuit against Mr. Villaraigosa and Antonio Villaraigosa for Governor 2026 on April 29, 2025.

Additionally, in preparing the filing, attorneys for Mr. Villaraigosa uncovered a number of occasions, sometimes sordid, where Mr. Cloobeck has used the courts and legal system in an attempt to weaken political, business and even personal rivals.

Villaraigosa lawyer Eric M. George stated: “Cloobeck’s lawsuit is without merit, and his shotgun attempt to register a trademark on some 70 phrases is an insult to the First Amendment. Commonly-used words, phrases, speech that are part of political debate and elections cannot be trademarked. Californians are entitled to and deserve robust public debate from candidates when electing a governor.”

According to the brief filed by Villaraigosa, “(U)nder Mr. Cloobeck's urged scenario, Mr. Villaraigosa would be violating a court order by describing himself as a ‘proven problem solver’ in a press conference, in campaign literature, in response to a journalist's questions, or in a campaign debate. To such draconian requests, Mr. Villaraigosa responds: ‘Not in this country. Not under our First Amendment—no matter the bullying or wealth used in an attempt to silence a candidate for elected office. And not in keeping with anything I have witnessed during my more than 30 years of public service-including as Mayor of Los Angeles and as Speaker of the Assembly.’”

In disputing Mr. Cloobeck’s claim on the “proven problem solver” phrase, Mr. Villaraigosa’s brief cites countless instances over prior decades in which politicians before him have used the phrase in speeches, campaign materials and interviews.

Mr. Villaraigosa’s brief also notes that Mr. Cloobeck’s suit is part of a pattern of frivolous litigation to drain rivals of finance and resources. In a text to Mr. Villaraigosa, Mr. Cloobeck said he was prepared to fight this case “to the Supreme Court… which has been my consistent business practice for decades upon decades.”

Mr. Villaraigosa and his campaign seek to have the trademark suit dismissed immediately.

About Ellis George LLP

Ellis George LLP is an elite litigation and trial firm based in Los Angeles and with offices in San Francisco and New York. Whether plaintiff or defendant, individual, Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit www.ellisgeorge.com for more information.

“Cloobeck’s lawsuit is without merit, and his shotgun attempt to register a trademark on some 70 phrases is an insult to the First Amendment."

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