1,700 Re/Max Agents Sued in Los Angeles
All Cities Realty, Inc. a California real estate brokerage has sued one of the world's largest Re/Max companies (case number BC355724). This Re/Max franchise started using All Cities Realty's name and federal trademark in late 2002. Since then this Re/Max claims a $12 billion market share and won't cease and desist using the All Cities Realty name and trademark. As a result, 1,700 of its agents and affiliate brokers have just been sued.
Los Angeles, CA (PRWEB) September 4, 2006 -- All Cities Realty, Inc., a California real estate brokerage and the owner of the federal trademark All Cities Realty, in 2005, filed a legal action against CF Real Estate Loans, Inc., who now does business as Re/Max All Cities Realty. This Re/Max franchise maintains several offices in Southern California, with their headquarters in Manhattan Beach, CA.
Re/Max was doing business under various names and decided to "adopt" the ALL CITIES REALTY "umbrella" name for all its offices in about 2002.
The original legal action was filed in Federal court for Federal Trademark Infringement and other issues (case #SACV05 0615 AHS MLGX). The litigation attorneys are the combined law offices of H. Joseph Nourmand Esq. and Jeffrey F. Sax Esq.
During recent discovery in the Federal action Re/Max made claims that most of its income is passed to the agents and brokers. At that point All Cities Realty, Inc. decided that all agents and brokers, who are all independent contractors, are also liable for infringement and the additional claims of unfair business competition etc.
According to All Cities Realty, Inc., the alleged trade name and trademark abuse and infringement has continued since August of 2002. On July 19, 2006 All Cities Realty, Inc. filed a second law suit naming each and every real estate agent and broker who has been affiliated with Re/Max All Cities Realty (CF Real Estate Loans, Inc.) since their "adoption" of the All Cities Realty trademark back in August 2002. Each agent and broker has been sued as an individual defendant. The Los Angeles Superior Court case number is BC355724 in department 39.
Joseph Miner, the president of All Cities Realty, Inc. stated “All Cities Realty, Inc. is currently in the process of serving every affiliated agent and broker who has been associated with Re/Max All Cities Realty. The agents and brokers have also been profiting from the use of our registered mark and it is time to put a stop to it." About 830 agents have been served since July 19th, 2006, said Mr. Miner.
"We requested that they cease and desist on multiple occasions but they have not complied. Now it has come to this. Why anyone would pirate someone else's trademark is astonishing to me. And why someone would not stop when asked multiple times is even more astonishing. It is so easy to check on these names and trademarks these days. Apparently they never checked with the Federal Trademark office, I find this truly remarkable.
"We are fighting for the little guy; every little guy who does things right and plays by the book. This is truly a David vs. Goliath scenario where Goliath thought they would stomp out David. Re/Max All Cities Realty claims a 12 Billion dollar market share for the time period they have been using our name and trademark.
"All Cities Realty Inc. has been using, the name, the mark, and the domain name since 1996 then registered and was awarded the Federal Trademark. We have played by the rules to protect our IP rights in every way possible. Nevertheless, since it has come to this we do have the means, and we will defend the abuse of our mark with vigor until we slay the dragon. You must choose your battles. Defending what I have built over the past ten years is one battle I will fight to the finish if forced to do so," said Mr. Miner.
Mr. Miner also stated that: Anyone who has been associated with Re/Max All Cities Realty or CF Real Estate Loans, Inc. may check our website at www.allcitiesrealty.com and download a list of agents to be served or a copy of either the Federal or State summons and complaint if they wish. Additional information is available online, or you may contact the law offices of Jeffrey F. Sax in Los Angeles for additional information at 213-217-5480.
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