A pun is at the center of a legal battle over a Houston law firm’s trademark rights. The legal dispute has prompted a name change for the firm formerly known as Pusch & Nguyen after a judge issued a temporary injunction against Chi-Hung David Nguyen, Anthony Pusch’s former partner. But the rebrand to “Pusch & Wynne” isn’t sitting well with Nguyen, as reported by Chron.
Under the judge’s Oct. 2 order, Nguyen is reportedly barred from the business, its computer systems, online accounts and any use of the company’s intellectual property. He is also unable to use the company’s trademarks like “We Push You Win” and “Avocados at Law.” The order gives Nguyen until the end of this month to transfer the trademarks to the business. Nguyen is a common Vietnamese surname, which is pronounced similarly to “win.”
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
New name, same sound
The ruling also required Pusch and his father, Gerard, to phase out Nguyen’s name or likeness from the business’s billboards and other advertising, unveil a new name by Oct. 12 and disclose that Nguyen is no longer part of the firm. However, the company’s website is still listed as puschnguyen.com and features a picture of Nguyen alongside Pusch, as of Monday.
The law firm rebranded recently, replacing Nguyen’s name with that of a Houston personal injury attorney named Bob Wynne. The pronunciation remains the same. The business’s Instagram page reflects the change with the name “Pusch & Wynne” and images of Nguyen removed from the company’s profile.
A trial date for the case is set for July 20, 2026, to determine damages in that case.
Legal fight over company’s website
While Nguyen remains barred from the business, a legal fight over the company’s website continues. Pusch filed an emergency motion against Nguyen to require him to transfer the company’s email, phone numbers and domain names to his former partner. Pusch told the court that he planned to use the trademarks of the former Pusch & Nguyen firm for his new business.
Nguyen argues reputational harm
“Just as Anthony Pusch, and David Nguyen marketed the Pusch & Nguyen firm using the mark ‘We Push You Win,’ Anthony Pusch and a new partner – conveniently named ‘Wynne’ – seek to market their new firm using the mark ‘We Push You Win’ or variations of the same,” Nguyen’s lawyers wrote on Oct. 8 in a court documents obtained by Chron.
Nguyen argues that Pusch blindsided him with the announcement of the new partner, Wynne.
“Just mere weeks after Mr. Nguyen alerted this court of the name image, and likeness issues inherent in Plaintiffs’ continued use of the Pusch & Nguyen brand, Plaintiffs suggest that they have managed to add a partner whose surname (‘Wynne’) just so happens to be a homophone of ‘Nguyen.’ What are the odds?” his lawyers added.
Unbiased. Straight Facts.TM
More than half a million trademark applications are submitted to the U.S. Patent and Trademark Office annually, with an average approval rate of around 56%.
Nguyen argues that the rebrand capitalizes on ”the reputation and goodwill that was built on and is inseparable from the personal identities of Mr. Pusch and Nguyen,” according to court documents obtained by Chron.
His legal team asserts the use of Wynne confuses customers and will cause “immediate and irreparable damage to the name, image and likeness of Mr. Nguyen.”
Pusch responds
Pusch contended in court documents that Nguyen does not hold the rights to the term “win” as a means of advertisement. Pusch cites examples of other attorneys in the area, such as Vu Nguyen, who uses “Win With Nguyen.” He further argues that using such a trademark and a name that sounds similar does not cause harm to Nguyen. Pusch is asking the court to allow him to use such phrases as “We Push, You Win,” and the website PushWin.com “without any further interference from David Nguyen and his counsel,” according to Chron.
A hearing on this matter is set for Thursday, Oct. 23.
