Federal judge strikes defenses, dismisses counterclaims in “better call sam” trademark dispute
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Federal judge strikes defenses, dismisses counterclaims in “Better Call Sam” trademark dispute

by
January 21, 2026

BUFFALO, NY – A federal judge in the Western District of New York has partially granted a motion by The Sam Bernstein Law Firm, PLLC, in its trademark infringement suit against attorney Samantha Maguire and her law practice, “Better Call Sam.”

In a Decision and Order dated January 8, 2026, U.S. District Judge Michael A. Vilardo ruled that Maguire’s counterclaims for declaratory judgment of non-infringement must be dismissed without prejudice, and two of her affirmative defenses—her fourth and fifth—must be stricken.

The case stems from the Michigan-based Bernstein firm’s claim that Maguire’s “Better Call Sam” branding infringes its long-running “Call Sam” and “1-800-CALL-SAM” trademarks, both of which are federally registered and “incontestable.” Bernstein asserts that the phrase has been used in its advertising for over four decades and is strongly associated with its personal injury practice.

According to court filings, Maguire, a New York attorney, began marketing her firm in 2024 under the slogan “Better Call Sam” and the domain name bettercallsam.net, using the tagline, “If you’re in a jam, you Better Call Sam!” Bernstein’s complaint alleges that Maguire’s use of the phrase is likely to cause confusion among consumers.

In his decision, Judge Vilardo also addressed Maguire’s attempt to represent her own professional entities, noting that under federal and local rules, a limited liability company must appear in court through a licensed attorney admitted to that district. Because Maguire has not verified her admission to practice before the Western District of New York, the court held that she cannot represent the corporate defendants and that her previously filed answer and counterclaims on their behalf are invalid.

The court’s ruling allows Bernstein’s infringement claims under the Lanham Act to proceed while striking parts of Maguire’s defense. Her counterclaims were dismissed without prejudice, giving her the opportunity to refile through counsel properly admitted to the district.

Key Points: Judge strikes defenses, dismisses counterclaims in “Better Call Sam” trademark dispute – Western District of New York

  • Judge Michael A. Vilardo granted in part Bernstein’s motion, dismissing Samantha Maguire’s counterclaims and striking two affirmative defenses.
  • The court ruled Maguire cannot represent her law firm or PLLC because she is not admitted to practice before the district.
  • The case, involving Bernstein’s “Call Sam” trademarks, will proceed on Bernstein’s Lanham Act claims of infringement.
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