From Judge André Birotte (C.D. Cal.) in Cloobeck v. Villaraigosa, decided Dec. 8 but just posted on Westlaw:
This action arises out of the 2026 California gubernatorial election and the use of the phrase "PROVEN PROBLEM SOLVER." … Cloobeck's First Amended Complaint (FAC) alleges as follows:
Cloobeck and Villaraigosa [were at the relevant time] both candidates in the 2026 California gubernatorial race. Cloobeck has been using the phrase, "I AM A PROVEN PROBLEM SOLVER," (the "Senior Mark") in connection with his gubernatorial campaign since March 2024…. On December 12, 2024, Cloobeck filed an application to register the Senior Mark with the U.S. Patent and Trademark Office ….
Months after Cloobeck's first use of the Senior Mark in connection with his 2026 California campaign, Villaraigosa began using the phrase "PROVEN PROBLEM SOLVER," (the "Infringing Mark") in connection with his campaign. Villaraigosa displayed the Infringing Mark publicly including on his website and social media accounts….
Cloobeck sued, but the court disagreed:
