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By James Kimmons, About.com Guide to Real Estate Business

Shame On You RE/MAX - Nobody Likes a Bully

Monday March 9, 2009
I recently wrote about a company in South Carolina that was in the center of a turmoil because they were reported for ethics violations for ads saying "Break Up With Your Agent." You can read about it at the link, but the fun is just beginning.

I won't say that this company is causing enough of a problem that RE/MAX would sue just to stop their campaign, but there is definitely something that got under the skin of the giant company. They have filed with the government claiming that the name Rehava is too similar to RE/MAX, and the company should not be using the name. Here's one paragraph from page 7 of the filing:

"12. In addition to the common prefix “RE,” and the distinctive pronunciation of that prefix as “ree” rather than “r e,” which is made clear by the long ‘e’ symbol above the ‘e,’ Applicant’s mark is visually or phonetically similar to the RE/MAX mark in other ways, including but not limited to the following: (a) the vertical stroke on the ‘h’ and/or the unusual mark over the ‘e’ in Applicant’s Mark would be visually perceived as similar to the ‘/’ in RE/MAX; (b) the body of the ‘h’ in Applicant’s mark is visually similar to the ‘m’ that forms the next character in the RE/MAX mark; (c) the next character in both Applicant’s Mark and the RE/MAX mark is visually and phonetically identical – an ‘a’; (d) the next character in Applicant’s Mark, a ‘v,’ is visually similar to the next character in the RE/MAX mark, an ‘X,’ particularly as that character is displayed in Opposer’s registration 2,119,607."

Wow! Let's look at these assertions in order:

  • If "ree" is a problem, look out National Association of "ReeAltors?"
  • If the "|" part of the "h" is too similar to the "/" in "RE/MAX," I guess there can't be any product innovations for unwanted "h"air removal for Realtors.
  • This one's really tricky. The hump in the "h" resembles the "m" in RE/MAX. Look out all real estate companies with "h"omes in your name.
  • My personal favorite is the "a" in both names is confusing. OMG, look out Aardvark Realty!
  • And, let's not leave out the "v" that looks too much like the RE/MAX "X." If that's a problem, watch out using mapping software that uses an "X" to mark the spot of your listing.

Please RE/MAX, REEfrain from this REEdiculous aXion that Merely Makes you appear to be petty and REEactionary.

Comments
August 17, 2009 at 7:38 pm
(1) Ken says:

As a RE/MAX broker, I wholeheartedly endorse the company’s lawsuit. We spend 55 million a year in advertising. You’d be amazed at the lengths to which people go to come up with names that remind people of RE/MAX – or make signs similar to ours, or imitate our logo. RE/MAX is one of the most recognizable brand names in the world. Do you Coke or Pepsi or Nike or McDonalds would sit by and let others trade off their success? Bully? No way! I fully expect my international company to protect my 23 year investment in the RE/MAX system by aggressively pursuing trademark infringements.

August 18, 2009 at 1:14 pm
(2) Rick says:

There is no trademark infringement here. It’s a pure case of what large corporations do when they loose a tiny bit of marketshare.
Sad thing is that they can being all the money and all the corporate lawyers to the courtroom they want and bully their way to submission. Happens all the time.

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