By Michael Sasso, Tampa Tribune, Fla.
Jan. 18–TAMPA — Gary Kompothecras, the man behind those ever-present 1-800-ASK-GARY commercials, built a small empire of accident clinics partly by urging TV viewers to “call Mr. Gary.”
Now Kompothecras, who’s a Sarasota chiropractor, is fighting in court to keep competitors from using his toll-free “ASK” referral service idea.
On Friday, two of Kompothecras’ companies, 1st Health Inc. and Healthcare Management Enterprises, filed a lawsuit in Hillsborough circuit court against Holiday chiropractor Leonard “Lenny” Linardos and Linardos’ company, West Coast Spine & Injury. Linardos created the 1-877-ASK-KOBY accident referral service in October 2004.
Kompothecras’ companies also filed a federal lawsuit against the company behind the 1-800-ASK-JERY hot line, St. Petersburg chiropractic clinic Spinal Correction Centers Inc.
In each lawsuit, 1st Health accuses the competitors of unfair and deceptive trade practices for creating toll-free “ASK” help lines that are nearly identical to its 1-800-ASK-GARY service.
A fourth hot line, 1-800-ASK-DAVE, is run by Lakeland-based law firm Burnetti P.A. It is not named in the lawsuits.
The 1-800-ASK-GARY commercials are probably known to nearly everyone who has turned on a television set in the past three years. The commercials urge people to call Gary or “Mr. Gary” to find a lawyer, doctor or even a tow truck. In court documents, 1st Health spells out how much advertising it does: more than $4 million per year.
The company makes its money largely by treating auto accident victims, many of whom are referred to 1st Health through the 1-800-ASK-GARY commercials.
The company’s Web site lists 24 accident clinics, including nine in Hillsborough, Pinellas and Pasco counties. However, during a brief discussion last month, Kompothecras told the Tribune he has more than 40 facilities across Florida, from Naples to Jacksonville.
In the lawsuits filed Friday, 1st Health claims that competitors are unlawfully trying to cash in on Kompothecras’ concept. The company claims Linardos created his 1-877-ASK-KOBY hot line “in the hope of creating customer confusion and siphoning off clients from plaintiffs’ businesses.”
The suit also alleges that Linardos bribed an agent of 1st Health to give him information about the company’s business model. Gregory Zitani, an attorney who regularly works on behalf of 1st Health, said Tuesday that he was advised not to comment about the lawsuits.
During an interview last week, Linardos said “Koby” refers to one of his nicknames, although he’s more commonly known as Lenny. He operates two chiropractic clinics in Holiday and Tampa.
On Tuesday, Linardos said his “ASK KOBY” commercials are hardly identical to the “ASK GARY” ads. Among other differences, Linardos’ ads feature a Jamaican-accented pitchman who ends the TV spots by saying, “Koby don’t play that.”
“The only thing similar to Gary’s is the three letters ‘ASK,’ ” Linardos said.
In its federal suit against Spinal Correction Centers, 1st Health makes much the same allegations about its owner, St. Petersburg chiropractor Stephen Steller, and 1-800-ASK-JERY.
“Steller has admitted that [his] actions were illegal, but stated plaintiffs [1st Health] were ‘making a lot of money, and I want a piece of it,’ ” the lawsuit says.
In its lawsuits, 1st Health asks a judge to stop Linardos and Steller from using trade names and advertising similar to 1-800-ASK-GARY.
For his part, Steller, who runs three clinics in Pinellas County, said Kompothecras and 1st Health are going after the wrong person . The “ASK JERY” ads are created by a separate company that is run by Steller’s brother, called Steller Health Inc.
“I don’t own the company,” Steller said. “Make sure you’re suing the right people because he can’t sue me.”
ASKING FOR IT?
The owner of 1-800-ASK-GARY has filed suit against two other chiropractic clinics that use the toll-free concept. Here’s a look at the three companies involved in the lawsuits.
–1-800-ASK-GARY Gary Kompothecras’ 1st Health Inc. has more than 40 accident clinics and other facilities in Florida.
–1-877-ASK-KOBY Leonard Linardos’ West Coast Spine & Injury has two chiropractic clinics in Holiday and Tampa.
–1-800-ASK-JERY Stephen Steller’s Spinal Correction Centers Inc.* has three chiropractic clinics in Pinellas County.
* Steller said he is not responsible for the 1-800-ASK-JERY hot line. He said it is owned by a separate company.
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