In November, the announcer, known for his tux and trademark phrase “Let’s get ready to rumble,” filed a lawsuit against Juarez radio station XHNZ 107.5.
According to court documents filed in U.S. District Court, the station used the phrase without permission.
El Paso lawyer Mark Walker took up Buffer’s cause locally, working with the announcer’s legal team in Los Angeles.
The lawsuit offered a peak into a world not often seen in El Paso, said Walker, now with Cox Smith Matthews law firm. At the time of the suit, he was with Brown McCarroll law firm, but joined Cox Smith’s new El Paso office last month.
“It’s natural; we like to pay attention to the celebrity cases. It offers you a different insight into some of the stuff that goes on,” Walker said. “It’s a completely different world to plug into for us, the world of agents and celebrities. There is a whole industry that El Paso is largely not involved in.”
The international sales of products and services using Buffer’s trademark exceeded $400 million during the past five years, Buffer says in a sworn declaration dated June 10.
He states that the “rumble” phrase has been licensed to companies for use in a far-flung assortment of products and services, from hot sauce to t-shirts and caps to slot machines.
It’s also been used by Warner Brothers for the movie “Ready to Rumble.” Midway made a best-selling video game of the same name. Disney uses the phrase in an animated film, and Budweiser and PepsiCo use it, too.
The court documents describe how Nielsen Broadcast Data Systems uses a computerized tracking program to monitor hundreds of radio stations for unauthorized uses of Buffer’s trademarks and copyrighted material.
Every month, the company provides Buffer’s legal team with a report of unauthorized uses of his intellectual property.
Nielsen logged 42 uses of the phrase by the radio station in February and March, according to the court documents.
Walker and Buffer’s legal team in LA came out fighting in court, but the Texas corporation that owns the radio station, GRM Communications, Inc., was a no-show.
After the radio station failed to respond to the lawsuit and a summons issued in April, Walker obtained a default judgment and the radio station is on the ropes for $175,000.
GRM also did not respond to inquiries made by El Paso Inc. to its local offices.
On July 6, District Judge David Briones ordered the radio station to pay $4,166.67 for each of the 42 unauthorized uses of the trademark alleged by Buffer, as well as legal fees, according to court documents.
The damages are what the radio station would have had to pay if it had obtained a license to use the phrase.
Walker has filed an application for attorney’s fees, asking for $37,017.
“It’s great to have the opportunity to work with interesting cases,” Walker said. “I hope that more lawyers here can get involved with matters across the country.”
