HomeVestors of America owns the trademark “We Buy Ugly Houses®“, and they aren’t shy disclosing their track record of enforcing their mark as it’s applied to domain names.
Apparently, there have been more than 160 such cases, including 10 direct transfers of domains and 22 domain take-downs; that’s a lot of UDRPs.
We have not seen before a company sending out a press release to “flaunt” their practice of going aggressively after domain registrants of trademark violations; HomeVestors is doing exactly that in this announcement:
DALLAS, Dec. 9, 2014 /PRNewswire/ — HomeVestors of America, Inc. (“HomeVestors”), known for its registered trademark We Buy Ugly Houses®, has been diligent in protecting its trademarks. Since its incorporation in 1996, HomeVestors has aggressively defended its federally registered trademarks and enforced its right to prevent third parties from infringing these marks in third-party websites, domain names, social media ads and in keyword advertising.
Since 2013, HomeVestors has initiated enforcement actions against over one hundred and sixty infringers. In 2014 alone, HomeVestors has initiated new enforcement actions against eighty-one new third-party infringers and successfully resolved actions against eighty-four infringers by various methods, including the direct transfer of ten domains from infringers to HomeVestors, with a total of twenty-two domain take downs. In addition, HomeVestors pursued and won three Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) proceedings against third parties that incorporated one of HomeVestors’ trademarks within their domain names, gaining ownership of the domains.
HomeVestors also continues to see an increase in third-party use of the federally registered HOMEVESTORS® mark, or confusingly similar variations thereof, an indication that the HOMEVESTORS® brand continues to grow and gain strength and recognition throughout the United States. HomeVestors is, of course, diligently pursuing those matters as well. HomeVestors has especially noticed an increase in infringement of its trademarks in Minnesota, Missouri, Texas and Florida, and is currently focused on eradicating infringement of its marks in those areas.
HomeVestors is the number one buyer of houses in the U.S. The first franchise company of its kind, HomeVestors has been franchising since 1996. HomeVestors currently has more than 500 independently owned and operated franchises in 41 states. Franchisees are authorized to use the WE BUY UGLY HOUSES® and HOMEVESTORS® trademarks in connection with their franchised business. Use of such trademarks by unauthorized third parties, however, is prohibited.
“HomeVestors continues to aggressively pursue infringers of both its WE BUY UGLY HOUSES® and HOMEVESTORS® marks,” explained HomeVestors litigation attorney Darin Klemchuk of Klemchuk Kubasta LLP. “It will continue to pursue every infringement of which it becomes aware in order to maintain the vast goodwill and national recognition in its marks.”
HomeVestors has owned and used the HOMEVESTORS®, WE BUY UGLY HOUSES®, the UG caveman logos, “ugly” family of marks, and other proprietary trademarks continuously for many years. Over the years, HomeVestors has spent significant amounts of time and resources in developing its national brand and maintaining the goodwill it has built in its trademarks.
About HomeVestors of America, Inc.
Dallas-based HomeVestors of America, Inc. is the number one buyer of houses in the U.S. HomeVestors trains and supports its independently owned and operated franchisees that specialize in buying and rehabbing residential properties. Most commonly known as the “We Buy Ugly Houses” company, HomeVestors strives to make a positive impact in each community. HomeVestors franchisees have purchased over 56,000 homes nationwide. In 2014, for the ninth consecutive year, HomeVestors was among the prestigious Franchise Business Review’s “Top 50 Franchises,” a distinction awarded to franchisors with the highest level of franchisee satisfaction. For more information, visit www.HomeVestors.com.
About Klemchuk Kubasta LLP
Klemchuk Kubasta LLP is a law firm offering a full array of intellectual property related services, including litigation and enforcement of all forms of intellectual property, as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides legal services relating to trade secrets, unfair competition, domain names, e-commerce, privacy policies, Internet law, commercial and business litigation, technology transactions, and international business and trade. Located in Dallas, Texas, Klemchuk Kubasta LLP supports a diverse client base ranging from startups to established market-leading companies. Klemchuk Kubasta LLP also serves as local counsel for IP and commercial litigation cases pending in Texas, including the federal courts in the Northern and Eastern Districts of Texas. Additional information about the firm and its attorneys may be found at www.kk-llp.com.
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