RE/MAX, LLC v. Home Services of Georgia, Inc. et al, Civil Action No. 1:21-cv-02970-TCB (N.D. Ga., Sept. 30, 2022).
RE/MAX, LLC, the international real estate franchise company, won a default judgment and permanent injunction against a local real estate company and two individuals in a case that leverages intellectual property for consumer protection. The defendants sold homes under the name “Remax Millennium” and used RE/MAX marks, such as the registered RE/MAX hot air balloon and the recognizable red, white, and blue color scheme, on their marketing materials, including “for sale” yard signs, advertisements, and websites.
Chief Judge Timothy C. Batten, Jr., in the Northern District of Georgia, found RE/MAX entitled to default judgment against the defendants for willful trademark counterfeiting and infringement, unfair competition, and copyright infringement. The Order immediately enjoined the defendants from their infringing and fraudulent conduct. Compared to a cumbersome consumer fraud investigation, this trademark action and its result demonstrate the power of leveraging intellectual property rights to swiftly combat consumer fraud.