TexasLawyer.com reported on a dispute between Tyler Flood, a Houston DUI lawyer who filed a lawsuit against The Law Offices of Mark Hull, based in Austin for trademark infringement over a domain name.

“Flood alleges that the Hull firm violated his trademark, DoNotBlow.com which he alleges he began using in 2006 but didn’t register with te USPTO until 2013 by using the “confusing and similar” website name, DontBlow.com, to sell legal services.

The complaint alleges the Hull firm’s use of DontBlow.com to sell legal services has caused and is continuing to cause actual instances of confusion and mistake to the public.”

Visitors to Donotblow.com see this:

“You’ve been pulled over by the police on your way home from a dinner party and you are asked to take a field sobriety test. What do you do? You’ve been arrested for DWI and your license has been suspended. How do you get your license back? Do you understand the intricacies of a drunk driving charge in Texas?”

“Regardless of your situation, you should place your trust in experienced and successful Texas drunk driving attorneys. The firm of Tyler Flood & Associates, Inc. is a team of Houston DWI lawyers who are experienced in handling drunk driving charges.”

Visitors to Dontblow.com are told to call 512-200-BLOW.

The website also offers warnings for those arrested for drunken driving: “Know Your Rights. … From the moment you are pulled over until you are released from jail, there will be a video recording of everything you do and say. This WILL be used in court by the state to prove its case against you. … Do not perform any roadside tests. This includes walking a line, testing your eyes, and most importantly, DON’T BLOW in any breath-testing unit.”

Flood seeks an injunction to stop Hull’s use of the allegedly confusing website as well as damages for the Hull firm’s alleged “unjust enrichment,” as well as attorney fees.

Hull, a solo practitioner, said he does not know the exact date his firm began using Dontblow.com but he thinks it was about 2009.

He has not yet been served or read Flood’s complaint and declined to comment on it.

Hull said he previously had filed a petition in state court in Travis County seeking a declaratory judgment regarding the disputed trademarks. But he said until now he has never served Flood with that petition. He may do so now that Flood has filed his federal claim, Hull said.

Flood said he pioneered in Texas the notion of using a website name that advises DWI defendants to refrain from submitting to a breathalyzer test.

“I thought of this first,” Flood said.

He noted that he used his website to inform prospective clients in both Houston and Austin, prior to the Hull firm’s use in either of those markets.

He also said that before filing his federal complaint he had “contacted Mr. Hull about his infringement of my mark. He declined to stop using it, thereby forcing the present lawsuit.”

Lawyers suing lawyers over domain names.

You got to love it.

As of publication, the owner of Blow.com has not weighted in on the situation