South Bend, IN – Trademark lawyers for Century 21 Real Estate LLC Parsippany, New Jersey filed a trademark infringement lawsuit in the Northern District of Indiana alleging Destiny Real Estate Properties LLC, f/d/b/a Century 21 Destiny Real Estate of Lowell, Indiana and Daniel Sutton, the owner of Destiny Real Estate Properties LLC, infringed Century 21’s trademarks and service marks.
According to the complaint, Destiny was a Century 21 real estate sales franchise beginning in June 2007. Century 21 alleges that Destiny failed to make payments of franchise fees in the amount of approximately $113,000 due under the franchise agreement, and as a result Century 21 terminated the franchise agreement on March 18, 2011. Century 21’s trademark attorneys allege that Destiny continued to use the Century 21 marks following the termination of the franchise agreement, including online at www.century21destiny.com. The complaint makes claims of trademark infringement, false designation of origin/false advertising, trademark dilution, common law unfair competition, breach of contract, unjust enrichment, and for an accounting.
Practice Tip: When a franchise agreement terminates, typically the franchisee must promptly cease using and return all signs and other equipment containing trademarks. Failure to do so may result in a lawsuit for breach of contract as well as trademark infringement.
Further Information about the case is as follows:
Filed: July 6, 2011 as 4:2011cv00038 Updated: July 8, 2011 04:31:40
Plaintiff: Century 21 Real Estate LLC
Defendants: Daniel Sutton and Destiny Real Estate Properties LLC
Presiding Judge: Jon E DeGuilio
Referring Judge: Andrew P Rodovich
Cause Of Action: Trademark Infringement