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.
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):
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.
How to stop reeking of desperation when you job hunt
(CAREER) Hunting for a job can come with infinite pressures and rejection, sometimes you just want it to be over – here’s how to avoid reeking of desperation.
Whether you were one of the millions of people who quit their job this year in The Great Resignation or you’ve been unemployed since the pandemic began, when you’re looking for work, it can feel hopeless after a while. Just like that student in class who raises their hand at every question, you don’t want to come across as desperate, “pick me, pick me!” Money might be tight. You want to be eager, but you don’t want to be so anxious that you sabotage your job search.
Right now, job seekers have the upper hand, but you want to show off your skills and professionalism, not your neediness.
5 ways you come across as overly desperate for a job:
- Applying for multiple positions at the same company. Employers want you to be a fit for a particular job. Instead, tell the hiring manager that you’re open to other positions that might be a good fit.
- Checking in with the hiring manager too much. Follow up after an interview, but don’t keep checking in. If they have news, they’ll share it.
- Talking about how much you need a job. Don’t bring up your personal issues in an interview. Stay focused on why you are the best person for the job.
- Being willing to accept any offer. You should negotiate and go to bat for yourself when you get an offer. Explain why you’re worth more money because you probably are.
- Forgetting to ask questions about the bigger picture. You don’t want to be so eager to impress that you don’t think about the company culture and perks. You might be desperate, but getting into a job that doesn’t fit your needs and personality won’t help your situation.
Desperation can make you appear to be in the clearance bin at the store. Sure, you may get something for a great price, but will you actually be able to fully use it when you get it home? As a job seeker, you want to be the premium brand on the shelf. Maybe not every buyer (employer) can appreciate you or even afford you, but when the right one comes along, it’s a good fit.
Employers want team members who will be assets for their company. Your job search needs to start with a strong resume and impressive cover letter. Instead of going for quantity, choose job openings for quality, where you can bring something to the table for the company.
Ask a Manager’s Alison Green has some great resources for getting a job, including a free guide to preparing for interviews. Practice interviewing. Make a great first impression. Know that there is a job out there for you.
Study: Employers are inadvertently punishing women that suffer from Endo
(BUSINESS NEWS) A new study reveals the widespread impact of Endo (Endometriosis) in the workforce as well as the entire economy. Change must be made. Quickly.
Women still face many barriers in their career. It’s been more than half a century since federal law addressed gender discrimination in the workplace, but it still occurs. Whether it’s lack of access to training, an inability to speak up, or pay inequality, it’s all wrong. Sadly, a new study identifies another potential barrier to a woman’s career path – endometriosis.
What is endometriosis?
The Office on Women’s Health (OWH) reports that “endometriosis happens when tissue similar to the lining of the uterus (womb) grows outside the uterus.”
Endo, as its often called, causes varying levels of pain, often chronic pain in the lower back and pelvis. The tissue outside the uterus grows in areas where it can cause even more problems by blocking fallopian tubes and forming scar tissue. There is no cure, but there are some treatment options that can work.
Endo affects about 11% of American women who are ages 15 to 44. Despite the fact that the American Journal of Obstetrics & Gynecology describes endometriosis as “nothing short of a public health emergency,” data suggests that about 60% of endo cases go undiagnosed.
I repeat: 60% of endo cases go undiagnosed.
More than 6 million American women are living with the symptoms of endo without knowing the cause or having the capability to manage their symptoms.
Endometriosis was once considered a career woman’s disease, but a two-year-long study from Finland shows that the disease shapes a woman’s career, not the other way around.
Women with endo take 10 or more sick days than women without endo. They also use more disability days. Other studies support these findings. A 2011 analysis reported that women with endo could lose almost 11 hours of work each week because their endo made it difficult to complete tasks. One US study estimated that women with endo experience more sick days each year, up to 20.
These women often have a lower annual salary and slower salary growth.
How can employers address endometriosis in the workplace?
It’s difficult enough to discuss any type of health problem at work, let alone one that relates to menstruation. Employers have a big problem just dealing with short-term illnesses. It’s hard when a key employee is out for one or two weeks from a surgery. Long-term chronic illnesses, especially those that are invisible, are challenging in the workplace.
Most workplace cultures aren’t designed for people with chronic conditions or disabilities.
It’s going to take a major shift in thinking to deal with endometriosis in the workplace.
Endo isn’t painful period cramps. It’s a serious condition without a cure. Employees who are dealing with endo may be battling intense pain or fatigue. Yes, work needs to get done, but when people are living with a chronic condition, they need accommodations.
Endometriosis may be a woman’s disease, but it does impact the entire economy. One study found that endo had a similar economic burden to that of heart disease or diabetes. Most employers would not think twice about a man who needed extra time to deal with coronary disease, but women often don’t get that consideration, regardless of the condition.
Women with endo aren’t incapable or shirking their duties. They may just need to deal with their pain to stay focused at work. Let’s drop the stigma and help accommodate women who deal with endo.
Everyone should have an interview escape plan
(BUSINESS NEWS) A job interview should be a place to ask about qualifications but sometimes things can go south – here’s how to escape when they do.
“So, why did you move from Utah to Austin?” the interviewer asked over the phone.
The question felt a little out of place in the job interview, but I gave my standard answer about wanting a fresh scene. I’d just graduated college and was looking to break into the Austin market. But the interviewer wasn’t done.
“But why Austin?” he insisted, “There can’t be that many Mormons here.”
My stomach curled. This was a job interview – I’d expected to discuss my qualifications for the position and express my interest in the company. Instead, I began to answer more and more invasive questions about my personal life and religion. The whole ordeal left me very uncomfortable, but because I was young and desperate, I put up with it. In fact, I even went back for a second interview!
At the time, I thought I had to put up with that sort of treatment. Only recently have I realized that the interview was extremely unprofessional and it wasn’t something I should have felt obligated to endure.
And I’m not the only one with a bad interview story. Slate ran an article sharing others’ terrible experiences, which ranged from having their purse inspected to being trapped in a 45 minute presentation! No doubt, this is just the tip of the iceberg when it comes to mistreatment by potential employers.
So, why do we put up with it?
Well, sometimes people just don’t know better. Maybe, like I was, they’re young or inexperienced. In these cases, these sorts of situations seem like they could just be the norm. There’s also the obvious power dynamic: you might need a job, but the potential employers probably don’t need you.
While there might be times you have to grit your teeth and bear it, it’s also worth remembering that a bad interview scenario often means bad working conditions later on down the line. After all, if your employers don’t respect you during the interview stage, it’s likely the disrespect will continue when you’re hired.
Once you’ve identified an interview is bad news, though, how do you walk out? Politely. As tempting as it is to make a scene, you probably don’t want to go burning bridges. Instead, excuse yourself by thanking your interviewers, wishing them well and asserting that you have realized the business wouldn’t be a good fit.
Your time, as well as your comfort, are important! If your gut is telling you something is wrong, it probably is. It isn’t easy, but if a job interview is crossing the line, you’re well within your rights to leave. Better to cut your losses early.
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