“While I appreciate the fact that the RE/MAX balloon is one of the most recognized brand logos in the United States, it should also be pointed out that the tri-colored banner was also trademarked.”

Yes and no. What was apparently trademarked was Re/Max’s particular use of the red-over-white-over-blue and in the trademark drawings the three colors are equal thirds. Re/Max’s shades of red and blue are also distinct.

What Re/Max is attempting to do is use that limited trademark to include all uses of any proportions and any shades of red-over-white-over-blue, a much broader standard.

Don’t forget, there are only three primary colors (red, blue, and yellow), and red and blue are the only ones that contrast well with white. Moreover, the legal standard is likelihood of confusion, and not the possibility of confusion. You also said:

“With all the combinations of colors and designs of signs available, it would be a simple matter to “distance” oneself from any confusion created by this situation, if that were the true motivation.”

Shortly after launching our national company (in early 2004) we hired one of the top design firms in the nation to develop our company brand marks, logo, and colors. We also received trademarks on those marks and colors. In other words, as someone who has spent tens of thousands of dollars developing a brand and trademarks, I respect Re/Max’s trademarks and unique branding.

The difference is that our company is not attempting to broaden the scope of our trademarks by intimidation or threats of legal action. Re/Max is. It is very clear from this small informal sample that the only one remotely confused by our sign design is Re/Max.

Thanks again for reading and for your comments.

While I appreciate the fact that the RE/MAX balloon is one of the most recognized brand logos in the United States, it should also be pointed out that the tri-colored banner was also trademarked. The fact that trademarks were granted for both the balloon and the banners on behalf of RE/MAX would indicate that there is adequate legal basis for RE/MAX’s actions and only a judge can determine whether Mr. Jones has crossed that legal precipice. As to the simplistic argument that RE/MAX doesn’t own the red, white and blue colors, it is the combination and design that has been trademarked, not the use of the colors in their entirety. With all the combinations of colors and designs of signs available, it would be a simple matter to “distance” oneself from any confusion created by this situation, if that were the true motivation. Is the tri-colored banner so compelling that your business model would fail if you went to a sign that say, is similar to a Keller Williams or Coldwell Banker sign? But I can assure you, Coldwell Banker would fight feverishly to protect it’s brand as well. A cynic may even question whether it isn’t good for business to go against the large, demonic corporation. After all even I like to root for the underdog! Just don’t forget that RE/MAX is also made up of individual business owners that have worked hard to achieve the current position and must always be vigilante to competitors efforts.

Lastly, to the claims of John Squires. The KW model is based on increasing agent count. The RE/MAX model is based on increasing market share with top-producing agents. KW agents average barely 5 transactions annually compared with the RE/MAX average of 12. In market downturns, marginal agents may tend to join brokerages such as KW where they can keep a real estate license active while incurring minimal expense. The RE/MAX model appeals to agents who are selling real estate – not riding out a down market. RE/MAX agents sell more real estate than anyone else. This is due, in part, to having the most recognizable brand in real estate!

As a fellow Realtor, I wish you luck and hope there’s an amicable resolution.

I can’t wait for the judge to entertain this frivolous lawsuit! I hope he sanctions AND fines the attorneys bringing this suit to his courtroom!