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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

What’s DMT and why are techies and entrepreneurs secretly taking the drug?

(BUSINESS) The tech world and entrepreneur world are quietly taking a psychadellic in increasing numbers – they make a compelling case, but it’s not without risks.

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Move over tortured artists and festival-goers, psychedelics aren’t just for you anymore. An increasing number of professionals in Silicon Valley swear by “microdosing” psychedelic substances such as lysergic acid diethylamide(LSD) in efforts to heighten creativity and drive innovative efforts.

This probably isn’t a shock to anyone following trends in tech and startups, particularly the glorification of the 8-trillion hour workweek (#hustle). But business owners, entrepreneurs, and technologists are also turning to other hallucinogens to awaken higher levels of consciousness in hopes of influencing favorable business results.

Dimethyltryptamine (DMT) is growing in popularity as business leaders and creatives flock to Peru or mastermind retreats to ingest the drug. It exists in the human body as well as other animals and plants. In his book DMT: The Spirit Molecule, Dr. Rick Strassman says “this ‘spirit’ molecule provides our consciousness access to the most amazing and unexpected visions, thoughts and feelings. It throws open the door to worlds beyond our imagination.”

The substance is commonly synthesized in a lab and smoked, with short-lived effects (between five to 45 minutes, however, some say it lasts for hours).

Traditionally, however, it is extracted from various Amazonian plant species and snuffed or consumed as a tea (called ayahuasca or yage). The effects of DMT when consumed in this manner can last as long as ten hours. Entrepreneurs are attracted to the “ayahuasca experience” for its touted ability to provide clarity, vision and inventiveness.

Physical effects are said to include an increase in blood pressure and a raised heart rate. Users report gastrointestinal effects when taken orally, commonly referred to as the “purge.” The purging can include vomiting or diarrhea, which makes for interesting conversation at the next company whiteboarding session.

Users are subject to dizziness, difficulty regulating body temperature, and muscular incoordination. Users also risk seizures, respiratory failure, or falling into a coma.

DMT can interfere with medications or foods, a reason why many indigenous tribes that work with it also follow specific dietary guidelines prior to ingestion. Not paying attention to diet or prescription medication prior to consuming ayahuasca or DMT can lead to the opposite of the intended effect, potentially even causing trauma or death.

So why the hell are people putting themselves through this ordeal?

Many claim profound mental effects, often experiencing a transformative occurrence that provides clarity and healing. Auditory and visual hallucinations are common, with reports of geometric shapes and sharp, bold colors. Many report intense out-of-body experiences, an altered sense of time and space or ego dissolution (“ego death”).

Studies have indicated long-term effects in people who use DMT. Some report a reduction in symptoms of depression or anxiety.

Subjects in an observational study showed significant reductions in stress after participating in an ayahuasca ceremony, with effects lasting through the 4-week follow-up period.

Subjects also showed improvements in convergent thinking that were still evident at the 4-week follow up. People who consume DMT generally chronicle improvements in their overall satisfaction of life, and claim they are more mindful and aware after the experience.

It’s important to note that dying from ayahuasca is rarely reported, but that doesn’t rule out the risk. It’s also illegal in the states, explaining why groups flock to Peru to visit licensed ayahuasca retreats or why technologists buy DMT on the dark web to avoid detection.

For those considering a DMT journey (and we don’t recommend it based on the illegal nature and health risks), it’s critical to gain a full understanding of the potential risks prior to consumption.

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Business News

The race is on to develop the moon – a new private industry is born

(BUSINESS NEWS) Opportunity abounds as our world expands to the moon and to other planets, and the private sector is the fuel behind the expansion.

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1979 was the last time a human being (let alone an American) set foot on the moon. During the Cold War, the space race to our nearest celestial body drove scientific research and government funding to put the Apollo 11 crew on a rock some two hundred and forty thousand miles away from our humble Earth’s surface.

Ten years later, NASA stopped sending missions, and worldwide interest in lunar explorations fizzled out… until now. Now there are new players involved.

NASA has announced its Commercial Lunar Payload Services (CLPS) program to contract nine American companies to develop reusable rockets, robotic landers, and rovers for lunar missions in the 2020s.

The purpose of these explorations is to mine the moon for precious resources and water, to conduct long-term lunar science, and to eventually set up a permanent base.

Here are the partners: Astrobiotic Technology Inc., Deep Space Systems, Draper, Firefly Aerospace Inc., Intuitive Machines LLC, Lockheed Martin Space, Masten Space Systems, Inc., Moon Express, and Orbit Beyond.

The combination of national agency establishment and private industry innovation will help decrease the steep price tag that has cancelled and/or made difficult many a space mission. Currently, international collaborations are required since the large cuts in government spending to the space programs.

For example, Russian rockets help get American astronauts to the International Space Station. The Chinese lander, Chang’e-4, which successfully landed on the dark side of the moon in January, had partnerships with the Netherlands, Saudi Arabia, Sweden, and Germany. It’s a huge team effort for these projects to work. If the U.S. is able to keep its operations domestic and between private entities, opportunity for competition arises, driving down costs.

Sounds great, right?

More chances for everyone to get to the moon. The what?

The next logical step is the commercialization of lunar travel and mining. Solar energy could be collected and beamed back to Earth, and thanks to the Moon’s weak gravity, a permanent base can be used to launch further space explorations into our solar system. An entirely new market will open up, allowing more opportunities for people around the world to join in a new space race.

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Business News

How the Lean concept can have the biggest impact on your bottom line

(BUSINESS) Using the Lean business concept and asking the non-sexy question of “What’s dumb around here?” your business will outpace your competitors in no time.

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Entrepreneurs love solving problems. That’s what they’re good at doing. In fact, the more complex, difficult and messy the problem, the more the entrepreneur will enjoy the challenge. Entrepreneurs are especially good at solving problems that nobody knew were there. Think about Steve Jobs: He knew that we needed a pocket MP3 player before we even knew what it was.

While entrepreneurs are coming up with the next “big” thing, we need the non-entrepreneurs in our organizations focused on solving the small problems in our company with the same enthusiasm. Imagine if every one of your team members were consistently looking for opportunities to improve your systems, processes and service delivery. Those subtle changes made in the non-sexy parts of the business usually have the biggest impact on the bottom line.

This is a business concept called Lean, in which a company changes their processes to create the most benefit to the customer using the least amount of resources possible. Lean is commonly used in the manufacturing industry, but its principles can be used in any business to change the way of thinking and doing things.

I recently witnessed a great example of how Lean principles were used to improve one of my clients, LuminUltra – a leading provider of microbiological testing hardware, software and services. The company serves industries that need to know quickly and accurately what’s living in their water. At a recent quarterly planning session at the LuminUltra offices in Fredericton, Canada, COO Charlie Younger shared a powerful story about the company’s manufacturing facility and challenging the status quo.

During the expansion of the company’s manufacturing facility, one of the team members was lamenting to Charlie about how much time it took to complete a lengthy step of the manufacturing process – one specific quality check that was very time-consuming. He remarked that in the history of the company they never had a single machine fail the test. Charlie’s first thought was, do they even need to perform this specific test again?

After more discussion with colleagues, the team realized that the other quality checks performed earlier in the manufacturing process would always identify a defective unit. With this knowledge, the manufacturing team asked for permission to perform minimal testing to still provide assurance with less work. When presented with the information, the company leadership agreed that it was a great idea and would save time and money as well as improve the employee experience. But the bigger question was: Why hadn’t anyone ever questioned this lengthy step of the manufacturing process before?

Charlie, having run Lean programs in the past, has seen this issue before: People continue to do what they’ve always done even if they think there is a better way. He thought this would be a great opportunity to use a fun, simple but elegant technique to capture other status quo breakers – in other words, he decided to use the same principles for changing the company’s production process to make other company decisions.

With that, he posted a whiteboard in the manufacturing room with the title “What’s Dumb Around Here?” and encouraged team members to capture possible “dumb things” to add to it. These topics are discussed and vetted during their Lean process meetings to determine if they can be improved.

When I discussed the new process with Charlie, he noted, “First, you have to create an environment where people are willing to question the status quo. We have always been highly focused on quality and accuracy, so the team thought it was outrageous to openly question a quality check we had been performing for years.”

He continued, “You have to help your management team be open to receiving ideas that might seem crazy and not overreact to the suggestions. Instead, simply ask them to explain their logic. More often than not, the front line knows a better way to do things but does not know how to navigate the change. The beauty of using Lean techniques is that you now have an easy navigation path to discuss, approve and roll out changes. Suddenly, you have an energized front line solving problems with minimal involvement from management – how great is that?”

While LuminUltra continues to grow their product line and expand into new markets, it expects that its implementation of Lean principles will help it make subtle but important modifications to processes that will positively affect its bottom line. The CEO, Pat Whalen, remarked, “If we can produce our products faster and more cost effectively and get them into the hands of our customers faster, we can have an even bigger impact on the water sector with our microbiological monitoring products. I need all of our team members thinking how we can improve every single day. The water sector needs us.”

Every visionary, big-thinking entrepreneur needs a team that challenges the status quo. How are you encouraging your team members to identify, “What’s Dumb Around Here?”

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