Cloobeck sues Villaraigosa over use of the phrase 'proven problem solver'

Yahoo

01-05-2025

In an unusual twist in the governor's race, a wealthy Democratic businessman is suing former Los Angeles Mayor Antonio Villaraigosa over the use of a common phrase in political campaigns.
Stephen Cloobeck, a philanthropist and Democratic donor who made his fortune in real estate and hospitality, filed a lawsuit against Villaraigosa this week after the former mayor repeatedly described himself as a "proven problem solver" in campaign materials.
Cloobeck, who has applied for a federal trademark of the phrase "I am a proven problem solver,' texted the federal lawsuit to Villaraigosa late Tuesday, though the former mayor has not been served yet.
The lawsuit argues that Cloobeck has been using the phrase since March 2024, and that "it has acquired extensive goodwill, developed a high degree of distinctiveness, and become famous, well known, and recognized as identifying Cloobeck's campaign."
"In light of the fame, acquired goodwill, and overall consumer recognition of [the phrase Cloobeck is seeking to patent, he] is very concerned that the public will likely be confused or mistakenly believe that Villaraigosa's campaign is endorsed, approved, sponsored by, or affiliated, connected, or associated with" Villaraigosa, the suit alleges.
Cloobeck and Villaraigosa are two Democrats running in an increasingly crowded 2026 gubernatorial field to replace termed-out Gov. Gavin Newsom.
Read more: Who is running for California governor in 2026? Meet the candidates
Representatives for Villaraigosa were incredulous that a phrase that's used by politicians and elected officials across the nation would be the subject of litigation.
"This is completely ludicrous. This lawsuit is a joke,' said Josh Pulliam, a strategist on the Villaraigosa gubernatorial campaign. 'Antonio launched his campaign on his record as a proven problem solver, and Cloobeck wants to prevent him from saying that? We think it's totally ridiculous and Trump-like tactics. Who knows what he's going to go after next?'
Cloobeck said he sought to get Villaraigosa, who he has known for a quarter-century, to stop using the phrase and only filed the lawsuit after a lack of response to texts, phone calls and requests for a face-to-face meeting.
"The response from them — or the lack of response from Antonio to me — is frankly offensive," he said, adding that they had lunch at the Polo Lounge in Beverly Hills six weeks ago. "You can be friends and have a business disagreement."
Legal scholars said the lawsuit has little chance of success.
'The claim that this is a unique or distinctive phrase that could be trademarked is very difficult to succeed on. In the political context, people would want to tread even more carefully because you don't want to take phrases out of the political debate,' said Jessica Levinson, an election law professor at Loyola Law School.
"This sounds more like a political tactic than a legal tactic," Levinson added.
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This story originally appeared in Los Angeles Times.