Lobby Laurie Janik for Amicus Curiae
- af: Five Star Flags
- mottagare: Laurie Janik, General Counsel of the National Association of Realtors
Dear Laurie Janik:
This is a trademark infringement case. The core issue is whether farming flags is a generic term in the residential real estate brokerage community.
Farming is a famous word for REALTOR professionals. Farming with the American flag at patriotic holidays is likewise a famous REALTOR practice. The plaintiff in this case claims they coined the term 'farming flag'. They advertised using this term in 1989, and secured a trademark registration in 1994.
The litigation is at a critical and urgent stage. A motion for summary judgment has been filed, despite the presentation of dozens of newspaper archives documenting farming with flags up to 15 years prior to their registration.
The opposition to this motion for summary judgment is due June 18th in Atlanta.
I am writing to you to request that you file a friend of the court brief to address these important issues.
Generic terms are not allowed to be trademarked. The dichotomy that is the Lanham Act is on the one hand, 'coat-tailing' goodwill, and on the other, a quelling of competition. Farming is a relentless cost center to real estate professionals, they are borne by the agents themselves. There is no better 'relevant public' example of why Lanham requires that generic terms are NEVER allowed trademark status. For example, if new farming methods arise, should they be allowed to be trademarked, and thus enable a single source of the goods? This monopoly naturally would only raise prices, or worse yet, make professional tools less attainable.
Call Five Star Flags at (949) 650-6698 ask for Steve.
CIVIL ACTION NO: 1:09-CV-1880
THE FLAG COMPANY, INC. a Georgia Corporation, Plaintiff, VS. STEVEN A CHAN, LLC (d/b/a FIVE STAR FLAGS and/or VIA5), a California Limited Liability Company, and STEVEN A. CHAN, a California resident, Defendant
In the United States District Court Northern District of Georgia Atlanta Division
Dear Laurie Janik:
This is a trademark infringement case. The core issue is whether farming flags is a generic term in the residential real estate brokerage community.
Farming is a famous word for REALTOR professionals. Farming with the American flag at patriotic holidays is likewise a famous REALTOR practice. The plaintiff in this case claims they coined the term 'farming flag'. After a decade-plus of real estate professionals farming with flags, they advertised using this term, and secured a trademark registration in 1994.
The litigation is at a critical and urgent stage. A motion for summary judgment has been filed, despite the presentation of dozens of newspaper archives documenting farming with flags during the decase prior to their claimed first use, and 15 years before a registration was issued to them by the Patent and Trademark Office.
The opposition to this motion for summary judgment is due June 18th in Atlanta.
We, the undersigned, are writing to you to request that you file a friend of the court brief to address these important issues.
Generic terms are not allowed to be trademarked. The dichotomy that is the Lanham Act is on the one hand, 'coat-tailing' goodwill, and on the other, a quelling of competition. Farming is a relentless cost center to real estate professionals, they are borne by the agents themselves. There is no better 'relevant public' example of why Lanham requires that generic terms are NEVER allowed trademark status. For example, if new farming methods arise, should they be allowed to be trademarked, and thus the single source of the goods? This naturally would only raise prices, or worse yet, make professional tools less attainable.
Call Five Star Flags at (949) 650-6698 and please ask for Steve.
Thank you for taking the time to read this letter.
CIVIL ACTION NO: 1:09-CV-1880
THE FLAG COMPANY, INC. a Georgia Corporation, Plaintiff, VS. STEVEN A CHAN, LLC (d/b/a FIVE STAR FLAGS and/or VIA5), a California Limited Liability Company, and STEVEN A. CHAN, a California resident, Defendant
In the United States District Court Northern District of Georgia Atlanta Division
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