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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.

Lani is the Chief Operating Officer at The American Genius and has been named in the Inman 100 Most Influential Real Estate Leaders several times, co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

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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

Beware: The biohacking obsession is attracting scammers

(NEWS) Biohacking is finding ways to gain a competitive advantage, while excluding the medical world. It’s great to increase your output, but be cautious when picking your poison…

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Wanna live better or longer? [Insert biohack here] will solve all those pesky problems. In all fairness, it’s human nature to seek improvement, especially in our jobs or academics — you know, the things that demand a constant, high performance.

Of course our ears will prick up at the slightest mention of attaining that elusive edge. Remember Aderall in college?

Biohacking isn’t a new topic. The term refers to a wide range of activities to affect the body’s biological systems.

The objective is to optimize health, well-being, and focus. If we are able to effectively manage what we put into our body, our output can increase. It’s not inherently evil.

But social media influencers are key in promoting the latest products/diets/supplements/oils, often doing so for money, not to improve others’ lives. And, there’s a darker side of drug use, both prescription and illegal, leading to potentially dangerous and abusive situations.

The misleading aspect of biohacking is that every body is different.

Regardless of social media promises, people should be wary of ingesting additional products.

Despite the fancy names one can give it, biohacking has the same objective of medicine, but product development typically excludes medical practitioners.

Legitimate medical practices take huge amounts of funding and research to figure out and insure safety, and they’re heavily regulated by the federal government.

A random word of mouth promise about some obscure herbal supplement is not the same thing.

There are no shortcuts to improving one’s health.

And biohacking doesn’t necessarily mean making life more complex. It’s important to start with the basics before jumping to elaborate diet regimens, powders, pills, etc. Simple steps like routine exercise, 7-8 hours of sleep, and healthier meal choices may help get you on track.

It’s amazing to realize what you can change about yourself before joining some random Thought Cult you found on Instagram. And in the case that your health needs a modern, helping hand, do the proper research before falling into the dark internet hole.

Or better yet, consult your doctor.

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Business News

Did Ohio *really* just accidentally legalize marijuana?

(BUSINESS NEWS) Should cannabusiness investors rush to Ohio, or are the headlines about legalized marijuana in the state misleading? The situation is pretty complex.

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Hemp growers and pot smokers alike may benefit from a recently passed Ohio law intended to legalize hemp, but which has also made prosecuting marijuana charges significantly more difficult, if not impossible.

Although many news sources are blasting the headline that Ohio has “accidentally legalized weed,” the truth is slightly more complicated.

On July 30, Ohio legislators signed into law a bill that legalizes the growth and sale of hemp, but not marijuana. Hemp and marijuana are the same species of plant, but while hemp is mostly used for its super strong fibers, marijuana is cultivated to contain high levels of the psychoactive compound THC.

It’s not easy to detect the difference between hemp and marijuana with the naked eye. Connoisseurs might argue that if the bud looks dry, green, and hairless, it’s probably hemp.

But there’s no way to prove it definitively during a police stop or search. Sure, an officer could take a toke and see if it makes him feel funny, but that would hardly be appropriate; the typical protocol is to test the plant material in a lab to determine the percentage of THC.

Green with less than 0.3 percent THC is considered hemp; more than that is considered marijuana.

The problem is that none of Ohio’s city or state level crime labs have the technology to make this determination. The current lab equipment available can detect the presence of THC but can’t tell the amount.

Louis Tobin, the executive director for Ohio’s Prosecuting Attorney Association, calls this recent law “the de facto legalization of marijuana,” not because the bill explicitly make marijuana legal, but because “there’s no way for law enforcement to tell what’s legal and what’s not legal.”

Apparently Tobin and other prosecutors had raised this concern while the bill was being debated, to no avail.

Now police officers and prosecutors are getting mixed signals about how to proceed.

Says Tobin, “There are statues on the books that say you should enforce marijuana possession but another law takes away your tools to do it.”

Ohio’s Attorney General, Dave Yost, sent a letter to prosecutors encouraging them to postpone marijuana indictments. The Office of the Attorney General in Ohio’s capitol city of Columbus announced that they will temporarily cease prosecuting marijuana misdemeanors and will drop all pending cases.

Meanwhile, in Hamilton County, prosecutor Joe Deter is encouraging police officers to go ahead and investigate marijuana-related crimes, and to confiscate anything that looks like it could be either hemp or marijuana. The state Bureau of Criminal Investigation has already been allotted funds to purchase and set up the testing equipment needed to measure percentages of THC. Prosecutors who wish to follow up on marijuana crime cases will just have to cross their fingers and hope that the equipment becomes available before the statute of limitations kicks in.

Even when the right testing equipment gets set up, some suspect that the recent legal change could have a long-lasting effect on how the city prosecutes marijuana misdemeanors. It may prove to be inefficient and costly to prosecute small-time dealers and individuals possessing small amounts of the drug.

Nonetheless, it’s probably too soon for cannabusiness to start investing heavily in Ohio – but it’s a state worth keeping an eye on.

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Business News

The easiest ways to keep remote workers engaged & connected

(BUSINESS NEWS) Do you manage remote employees or an entirely mixed team? These tips will keep you on the right track to avoid communication breakdown.

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Not every workplace has all its employees in the same place. Different office locations, business trips, and freelancers mean your workforce may be geographically scattered. So how do you effectively communicate from home base if your team is remote and widespread?

First things first – invest in the best virtual meeting platform technology you can work into your budget. If you can’t all be in one place, the next best thing is regularly scheduled virtual meetings. Everyone should have a camera so employees get a chance to know who they’re talking to and put names to faces.

Sure, you may not want to see yourself on camera, but your coworkers will appreciate seeing who they’ve been collaborating with and emailing.

If video conferences aren’t relevant to your business, make sure employees at least have some way to get in touch with each other, like Slack, Skype, or even a private Facebook group. Have at least one platform where employees can engage, communicate, and share information with each other.

Foster connection among employees, allowing them to engage and build work relationships. Provide opportunities for non-work related connections to show your employees you know they’re people, not just workers.

If possible, organize small group outings for those in the same city. Even if that’s not feasible, you can still be the connector that brings people together remotely.

Create “water cooler” moments by calling out important events, like birthdays, marriages, or someone completing an important goal. Get to know your employees, and engage in small talk whenever possible to get to know them. This shows your employees you value them and care about their lives.

Sending care packages can go a long way to show your employees you want them to feel included. Is your next meeting being catered at the main office? Order something for your remote employees too. Everyone deserves bagels.

Make sure you also set clear communication expectations about when you can and can’t be reached. Virtual employees need to know when they can expect a response from you and their colleagues since informal interactions are hard to come by remotely.

When managing remote employees, strive for inclusiveness. Be a connector who promotes engagement by knowing your employees, giving them an avenue to communicate with you and each other.

Take time to get to know your employees on at least a semi- personal level, and ensure everyone feels welcomed even if they’re working remotely. This will lead to better coworker relationships, employee retention, and performance.

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