Mammoth 1700 real estate agent Re Max real estate trademark lawsuit on slow track

Released on: November 16, 2007, 7:59 am

Press Release Author: Joseph Miner

Industry: Real Estate

Press Release Summary: Small company sues California\'s Largest Re/Max broker and
1700 Los Angeles real estate agents over trademark infringement.

Press Release Body: November 2007, Los Angeles, California -- All Cities Realty,
Inc., a California real estate brokerage, and the owner of the federal trademark ALL
CITIES REALTYŽ, in 2005, filed a Federal legal action against the California
Corporation, CF Real Estate Loans, Inc. who now does business as Re/Max All Cities
Realty. This is the largest Re/Max franchise in California with their corporate
headquarters in Manhattan Beach, CA. The federal legal action (case#
8:05-cv-00615-AHS-MLG) is for alleged federal trademark infringement and other
issues. The federal case will be litigated in Orange County, California.

On July 19, 2006 All Cities Realty, Inc. filed a separate second lawsuit in State
court against the corporation's associated agents and brokers (case # BC355724). In
this second lawsuit, 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 REALTYŽ trademark back in August 2002 was named; a
total of approximately 1700 real estate agents.

Each real estate agent and associated real estate broker, because they are
independent contractors, have been sued for alleged violations of common law service
mark infringement, and statutory unfair competition; as individual defendants in the
State lawsuit. On September, 26, 2006 in State court, Superior Court Judge Victor H.
Person, under a motion from CF Real Estate Loans, Inc. stayed a State legal action
against 1700 Re/Max real estate agents. (case # BC355724). According to Mr. Miner
all new agents that work for this company and use our name, and are exposed as
agents on the www.realestatelosangeles.com website under the ALL CITIES REALTYŽ mark
are monitored so that we can add them to the State lawsuit when it continues.

Following the hearing Mr. Miner stated: \"this boils down to a pause in the State
action, and actually it was a major relief for us. In retrospect we are very happy
Re/Max asked for the stay, we were wondering how the heck we were going to juggle
both trials at the same time; now we can concentrate on the Federal trial first."

Eventually his State action will be heard and the 1700+ current and past agents will
go to court, and the case will be litigated. Good news for All Cities Realty as they
have received their State Trademark too. According to records they have the
fictitious business name, corporate name, State Trademark, Federal Trademark, and
domain name all conforming and supporting the mark ALL CITIES REALTYŽ as far back as
1996.

This Re/Max CEO, Kelli Todd Amundson boldly has stated they will indemnify each and
every agent who has used the All Cities RealtyŽ name. This Re/Max has filed court
documents that state they will indemnify each and every real estate agent who has
used the All Cities RealtyŽ name upon the real estate agents' request. The case has
been moved to \"complex litigation\" and the costs just for a first appearance will be
more than $500 per agent. This could amount to more than $800,000 for first
appearance court fees for Re/Max All Cities Realty. This means that the first act of
indemnification by this Re/Max could cost it more than $800,000 before any other
litigation activity occurs, including court and attorney fees; just defending
themselves could easily cost close to $2,000,000.

There is a provision for a fee waiver if the applicant can establish a financial
inability to pay the filing fees. However if this Re/Max applies for a fee waiver
claiming poverty, then how can it honor its commitment to indemnify agents? What
will the court think? How can it pay its lawyers? How can it pay for a judgment
against the agents? It will be interesting to see what transpires after their
statement of indemnification. We hope, to protect themselves, their real estate
agents and brokers are asking a lot of tough questions, and when in doubt are asking
for proof, said Miner.

According to sources this Re/Max is downplaying this situation to its Los Angeles
and Manhattan Beach California real estate agents. Because of that ALL CITIES
REALTYŽ initiated a website, www.remaxlawsuits.com, advising the real estate agents
that they were named in the legal action, and lots of interesting information about
the company and the people they work for; including Bob Todd and Kelli Todd / Kelli
Amundson.

What the agents may not fully realize is that there is an enormous lawsuit looming
over their heads each and every day until this is completely resolved; and that may
be years." stated, Mr. Miner. We are tracking the agents that come and go from this
company, and if they have used our mark, they will be named in our amended complaint
when the State action continues, Mr. Miner explained.

Mr. Miner also stated that: \"anyone who has been associated with Re/Max All Cities
Realty or CF Real Estate Loans, Inc. may check a website for information at
www.remaxlawsuits.com and download a list of agents who have been sued, copies of
the legal actions, and much more information." The website has information on CF
Real Estate Loans / Re/Max Beach Cities Realty and many other names they go by, the
owners, and company history.

Mr. Miner's previous statement "that may be years" is certainly coming true.
According to Court records the litigation has been continued multiple times by the
clerk in the Orange County Federal Court. "Our trial is now set for July 2008. and
the State trial won't start until we complete the Federal Trial" said Mr. Miner.
After all these continuances, the state lawsuits will easily last beyond 2010 now.
Its definitely a David v. Goliath battle, but the law is on our side. Justice may
come slowly, but it will come. Legally we are right, ethically we are right, morally
we are right, and we will take this to the finish line, he commented.

All Cities RealtyŽ is still gathering information and the attorneys indicate they
are more than happy to talk with some of the past agents or employees as long as
they are not represented by legal counsel.

Interested parties may contact the law offices of Jeffrey F. Sax in Los Angeles, CA.
Phone 213-623-5700 or visit the website www.remaxlawsuits.com


Web Site: http://www.remaxlawsuits.com

Contact Details: Joseph Miner
2576 Newport Blvd.
Costa Mesa, CA
800-738-2583

  • Printer Friendly Format
  • Back to previous page...
  • Back to home page...
  • Submit your press releases...
  •