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Could RE/MAX lose their long-held trademark on red, white, and blue?

(Business News) RE/MAX has long defended their red-over-white-over-blue trademark, but a judge has agreed to hear an argument that could cancel the trademark altogether.

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RE/MAX’s lock on red white and blue

When a company is approved for a trademark, they typically defend it with vigor, especially when they are a large, world-renowned brand like RE/MAX looking to avoid any confusion in the marketplace. It would be ignorant not to.

For decades, RE/MAX has defended their red-over-white-over-blue trademark, sending cease and desist letters to any brokerage they discover using signage with their trademarked red-white-blue combo.

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Upon receiving a letter from RE/MAX letter, most parties invest the money to change all of their signage, often out of fear of the threat of a lawsuit, but others fight back.

Trend Setter Realty lost, despite a last minute argument

In 2009, in the U.S. District Court in Houston, Texas, Trend Setter Realty lost their battle against RE/MAX, as the court reaffirmed RE/MAX’s protected trademark under state and federal law. RE/MAX successfully argued that in a consumer study comparing the two signs, 25 percent of those surveyed believed Trend Setter Realty was affiliated with RE/MAX because of similarities in their signage.

It is rumored that last minute, Trend Setter Realty’s lawyers invoked the mysterious Lanham Act, which states that any mark that consists of or comprises the flag of any foreign nation cannot be registered as a trademark. It is said that the judge threw out the argument as a last minute stunt.

Judge is currently reviewing the Lanham Act in a case

In an active case brought by RE/MAX against Matt Jones and FavoriteAgent.com, after several years of back and forth between the two companies for Jones’ use of red-over-white-over-blue in his signage, a judge has surprisingly agreed to hear the Lanham Act/Netherlands Flag argument, despite throwing out other portions of Jones’ argument.

Jones compares RE/MAX’s trademark against the flag of the Netherlands, asserting that the two are identical and the trademark should never have been granted to the company, according to the Lanham Act. In his blog, he asks readers to determine which is the Netherlands flag and which is the RE/MAX trademark, implying that there is confusion (the same argument RE/MAX is using regarding his use of the color combo in his signage):

lanham act

According to the Act, “In any action involving a registered mark the court may determine the right to registration, order the cancellation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.”

This is not a new battle, but the fight could soon end

RE/MAX has defended their trademark against brokers small and large, and has even sued CBS for featuring a real estate sign in a CSI episode that was too similar to their trademark, and gone after eBay for using a sign similar to theirs in a commercial that could lead viewers with the impression that “RE/MAX typically engages in the sale of homes that are in disrepair.”

Commenters on Jones’ blog posts have chimed in with their own experiences, and one source tells us that they’ve even received a cease and desist letter for using two dark colored bars separated by a white bar in the center, even though it used neither red, nor blue.

RE/MAX is being called a bully by some and defended by others for smart business. A handful of brokers have asserted they’re considering a class action case, likely based on the outcome of Jones’ case. Many have opined that they understand the validity of the hot air balloon trademark, but something as vague as red white and blue alludes them, as they often use the colors to celebrate the American flag without a second thought about competing with RE/MAX, much less confusing consumers.

Others have tried this argument, and no judge has considered hearing it before (likely because the Netherlands flag comes up last minute after a loss is already apparent), but if this judge agrees that the Lanham Act nullifies RE/MAX’s logo based on the identical Netherlands flag, a decades-old argument disallowing the use of red white and blue bars on real estate signs could come to an abrupt end.

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6 Comments

6 Comments

  1. Rich Jacobson

    March 26, 2014 at 5:23 pm

    Hey, if it can happen to Zebra’s, it can happen to the Red, White, and Blue!

    • Chris Johnson

      March 27, 2014 at 3:33 pm

      Can you imagine a less ethical person than that Lones chick?

  2. LifeDontWasteIt

    May 22, 2014 at 7:35 pm

    So should we change the Stars and Stripes Forever to “Three cheers for the Re…

    max colors?”
    I don’t think so…

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Business News

Why a well-crafted rejection email can save your brand, and your time

(BUSINESS NEWS) Job hunting is exhausting on both sides, and rejection sucks, but crafting a genuine, helpful rejection email can help ease the process for everyone.

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Woman sitting at computer with fingers steepled, awaiting a rejection email or any response from HR at all.

Nobody likes to hear “no” for an answer when applying for jobs. But even fewer people like to be left in the dark, wondering what happened.

On the employer side, taking on a new hire is a time-consuming process. And like a box of chocolates, you never know what you’re going to get when you put out ads for a position. So once you find the right person for the role, it’s tempting to move along without further ado.

Benn Rosales, the CEO and co-founder of American Genius, offers an example of why that is a very bad call.

Imagine a hypothetical candidate for a job opening at Coca Cola – someone who’s particularly interested in the job, because they grew up as a big Coke fan. If they get no response to their application at all, despite being qualified and sending follow-up emails, their personal opinion of the brand is sure to sour.

“Do you know how much effort and dollars advertising and marketing spent to make [them] a fan over all of those years, and this is how it ends?” Rosales explains. This person has come away from their experience thinking “Bleep you, I’ll have tea.”

To avoid this issue, crafting a warm and helpful rejection email is the perfect place to start. If you need inspiration, the hiring consultants at Dover recently compiled a list of 36 top-quality rejection emails, taken from companies that know how to say “no” gracefully: Apple, Facebook, Google, NPR, and more.

Here’s a few takeaways from that list to keep in mind when constructing a rejection email of your own…

Include details about their resume to show they were duly considered. This shows candidates that their time, interests, and experience are all valued, particularly with candidates who came close to making the cut or have a lot of future promise.

Keep their information on file, and let them know this rejection only means “not right now.” That way, next time you need to make a hire, you will have a handy list of people to call who you know have an interest in working for you and relevant skills.

Provide some feedback, such as common reasons why applicants may not succeed in your particular application process.

And be nice! A lack of courtesy can ruin a person’s impression of your brand, whether they are a customer or not. Keep in mind, that impression can be blasted on social media as well. If your rejections are alienating, you’re sabotaging your business.

Any good business owner knows how much the details matter.

Incorporating an empathetic rejection process is an often-overlooked opportunity to humanize your business and build a positive relationship with your community, particularly when impersonal online applications have become the norm.

And if nothing else, this simple courtesy will prevent your inbox from filling up with circle-backs and follow-up emails once you’ve made your decision.

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Business News

Are Gen Z more fickle in their shopping, or do brands just need to keep up?

(BUSINESS NEWS) As the world keep changing, brands and businesses have to change along with it. Some say Gen Z is fickle, but others say it is the nature of change.

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Gen Z woman shopping outside on a laptop.

We all know that if you stop adapting to the world around you, you’re going to be left behind. A recently published article decided to point out that the “fickle” Gen Z generation are liable to leave a poor digitally run site and never return. Now of course we’ve got some statistics here… They did do some kind of due diligence.

This generation, whose life has been online from almost day one, puts high stakes on their experiences online. It is how they interact with the world. It’s keyed into their self-worth and their livelihoods, for some. You want to sell online, get your shit together.

They have little to no tolerance for anything untoward. 80% of Gen Zers reported that they are willing to try new brands since the pandemic. Brand loyalty, based on in-person interaction, is almost a thing of the past. When brands are moved from around the world at the touch of your fingertips there’s nothing to stop you. If a company screws up an order, or doesn’t get back to you? Why should you stick with them? When it comes to these issues, 38% of Gen Zers say they only give a brand 1 second chance to fix things. Three-quarters of the surveyed responded saying that they’ll gladly find another retailer if the store is just out of stock.

This study goes even further though and discusses not just those interactions but also the platforms themselves. If a website isn’t easy to navigate, why should I use it? Why should I spend my time when I can flit to another and get exactly what I need instead of getting frustrated? There isn’t a single company in the world that shouldn’t take their webpage development seriously. It’s the new face of their company and brand. How they show that face is what will determine if they are a Rembrandt or a toddlers noodle art.

The new age of online shopping has been blasted into the atmosphere by the pandemic. Online shopping has boosted far and above expected numbers for obvious reasons. When the majority of your populace is told to stay home. What else are they going to do? Brands that have been around for decades have gone out of business because they didn’t change to an online format either. Keep moving forward.

Now as a side note here, as someone who falls only just outside the Gen Z zone the articles description of fickle is pompous. The stories I’ve heard of baby boomers getting waiters fired, or boycotting stores because of a certain shopkeeper are just as fickle and pointed. Nothing has changed in the people, just how they interact with the world. Trying to single out a single generation based on how the world has changed is a shallow view of the world.

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Business News

Chasing Clubhouse success? How the audio chat room trend affects products

(BUSINESS NEWS) It is inevitable that when a new successful trend comes along, other companies will try to make lightning strike twice. Will the audio chat room catch on?

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Smiling woman seated in dark room illuminated by lamp and phone light, participating in audio chat room.

Businesses are always about the hot new thing. People are the always looking for the easiest dollar with the least amount of effort these days. It tends to lead to products that are shoddy and horribly maintained with the least amount of flexibility in pleasing their customers. However, you also have to look at the customer base for this as well. You follow where the money is because that’s where its being spent. It’s like a merry-go-round, constantly chasing the next thing. And the latest of these is the audio chat room.

During the pandemic the entire world saw an eruption of social audio investments. Silicon Valley has gone crazy with this new endeavor. On the 18th of April this year, Clubhouse said it closed on some new funding, which was valued at $4 billion for a live audio app. This thing is still in beta without a single penny of revenue!

The list of other companies who have pursued new audio suites (either through purchase or creation) include:

  • Facebook
  • Spotify
  • Twitter
  • Discord
  • Apple

This whole new audio fad is still in its infancy. These social media and tech giants are all jumping headlong into it with who knows how much forethought. A number of them have their own issues to deal with, but they’ve put things aside to try and grab these audio chat room coattails that are running by. It’s a mix of feelings about the situation honestly. They are trying to survive and keep their customers.

If a competitor creates this new capability and they stay stagnant then they lose customers. If they do this however without dealing with their current issues then they could also lose people. It’s an interesting catch 22 for people out there. Which group do you fall in? Are you antsy for a new toy or are you waiting for one of these lovely sites to fix a problem? It’s another day in capitalism.

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