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Retired Forums => Legal Controversies Forum => Topic started by: Robert Krausankas (BuddhaPi) on April 11, 2013, 11:04:28 AM

Title: RE/MAX Sues Local Realtor for Trademark Infringement
Post by: Robert Krausankas (BuddhaPi) on April 11, 2013, 11:04:28 AM

On April 5, 2013, RE/MAX, LLC (“RE/MAX”) filed a trademark lawsuit in the Northern District of Georgia against Cumming, Georgia-based McFarland Realty Enterprises, Inc. and two of its principals (collectively, “McFarland”).  The complaint lists federal counts of trademark infringement and unfair competition, and state law counts of dilution, violation of the Georgia Uniform Deceptive Trade Practices Act, common law trademark infringement and unfair competition, and violation of the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq.

http://www.natlawreview.com/article/remax-sues-local-realtor-trademark-infringement-over-blue-white-and-red-sign-backgro


good luck with one REMAX!! not to mention it's in Georgia, so they might even win!

Title: Re: RE/MAX Sues Local Realtor for Trademark Infringement
Post by: Oscar Michelen on April 18, 2013, 08:27:23 PM

That's gonna be a tough one. I don't know that REmax can claim red white and blue as protectable trade dress.

Title: Re: RE/MAX Sues Local Realtor for Trademark Infringement
Post by: Greg Troy (KeepFighting) on April 18, 2013, 08:30:32 PM

Agreed, it would be different if they has used a variation of the Re-Max balloon or something like that but just colors on a sign i wouldn't think so.