Pinnacle, small Chicago ad agency behind WeatherTech Super Bowl ads, sues Florida ad agency with same name – Chicago Tribune

2022-08-20 11:05:22 By : Mr. Luna Long

An image is shown from WeatherTech’s first Super Bowl in 2014. Pinnacle Advertising in Schaumburg has created Super Bowl ads for WeatherTech every year since. (WeatherTech)

Pinnacle Advertising, a small Schaumburg-based ad agency that created Super Bowl commercials for car floor mat company WeatherTech, uses the slogan “Never Settle” on its website.

It may have to reconsider its own slogan — and perhaps even its name — after suing and being countersued by an unrelated Pinnacle Advertising, of Florida, over everything from trademark infringement to allegedly stealing clients.

The Pinnacle versus Pinnacle legal battle was started by the suburban Chicago ad agency, which sued the Florida firm last year for trademark infringement, unfair competition and cybersquatting — creating a similar-sounding domain name to divert customers to its website.

Founded in 1998, the Illinois Pinnacle alleged the Florida Pinnacle, which was launched in 2014, was hitting the same trade shows, pitching the same automotive clients and creating confusion among everyone from vendors to TV stations where the ad agencies placed commercial buys.

That lawsuit was dismissed by a Chicago federal judge in November.

One week later, the Illinois Pinnacle refiled its trademark infringement lawsuit against the Florida ad agency in a West Palm Beach, Fla., federal court, where the case is ongoing.

In May, the Florida Pinnacle filed a counterclaim against the Illinois Pinnacle , alleging business interference, siphoning off automotive clients and reverse domain hacking — trying to gain control of its website through the initial lawsuit’s trademark claims.

The Illinois ad agency filed for its trademark registration in 2017 — years after it became aware of its Florida namesake, the lawsuit alleges. The Florida ad agency, which has a common law trademark, is seeking to have the Pinnacle Advertising trademark cancelled or amended to give up any exclusivity rights.

Glen Calder, a spokesman for Pinnacle in Florida, declined to comment on pending litigation Tuesday.

Adding to its legal woes, the Illinois ad agency may not be covered by its liability insurance policy for any monetary damages awarded to the Florida Pinnacle in the lawsuit. On Friday, Hanover Insurance filed a complaint in Chicago federal court asserting it has “no duty to defend or indemnify” Pinnacle against the counterclaim.

Executives at Pinnacle in Schaumburg did not respond to requests for comment Tuesday.

The Illinois Pinnacle made a name for itself in 2014, when it created the first Super Bowl commercial for WeatherTech, the Bolingbrook-based automotive floor mat manufacturer.

Pinnacle has created WeatherTech ads for every Super Bowl telecast since, competing against the biggest ad agencies with some measure of critical and popular success, according to the myriad postgame commercial scorecards. WeatherTech did not immediately return a request for comment.

Other clients of the Schaumburg-based Pinnacle include Honda, Acura, Camping World and Arlington International Racecourse, according to the firm’s website.

Clients of the Florida Pinnacle include Acura Orlando Dealers, Ponte Vedra Beach Resorts and Revolve, a luxury vehicle subscription service.

The Boca Raton-based ad agency is seeking undisclosed compensatory damages and a declaratory judgment of noninfringement, among other legal remedies.

This story has been updated to include that Pinnacle of Illinois refiled its trademark infringement lawsuit against Pinnacle of Florida in a Florida federal court after its case was dismissed in Illinois.