Mammoth 1700 agent Re/Max trademark lawsuit on slow track

Nov. 11, 2007 - PRLog -- All Cities Realty, Inc., a California real estate brokerage, and the owner of the federal trademark ALL CITIES REALTY, in 2005, filed a Federal legal action against the 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, CA.

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 REALTY trademark back in August 2002 was named; a total of approximately 1700 agents.

Each agent and associated 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 case. 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 agents. (case # BC355724).

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 REALTY®.

Apparently this Re/Max is downplaying this situation to its Manhattan Beach real estate agents and because of that ALL CITIES REALTY initiated a website, www.remaxlawsuits.com, advising the agents that they were named in the legal action, and information about the company and the people they work for; including Bob Todd and Kelli Todd-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.”

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 won't get started until after the federal case is completed. The state action will easily go far 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 and apparently the price apparently will be high, the action has cost us more than $300,000 so far; its very hard on us. Federal trademark laws don't do a thing for you unless you have the money to fight the infringement, he commented, and when its a smaller company against California's largest Re/Max its definitely not fair.

All Cities Realty 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 for additional information.

Website: www.allcitiesrealty.com