Flipper/Rehabber · Houston, TX · Member since 2012 · 176 posts · 75 votes
I am not looking for legal advise, but some suggestions and feedback
My website hosting company got a letter from "we buy ugly houses" lawyer requesting to remove the word "Ugly Houses" from my website because its infringing their trademark. This phrase is in the sidebar as a bullet points as follows
We buy Houses... Fast
Any Condition - Any Reason
*Pretty Houses
*Ugly Houses
*Little or no Equity
*etc
Just want to know if "Ugly Houses" could be considered a trademark infrigement eventhought is not a trademark. Their trademark is "We buy ugly houses"
Residential Real Estate Broker · Bremerton, WA · Member since 2013 · 494 posts · 142 votes
13y
This seems fishy to me. If they can TM "ugly houses" and prevent ppl from using those words in a phrase, then that will prevent the RE industry from speaking/writing about an entire part of the industry!
Post this on www.avvo.com and an IP atty. will respond with actual legal advice for free. Would be interesting to see what they say b/c many ppl here advertise that they buy ugly houses.
lol...just read Ryan's post. "This is also N-O-T legal advice". b/c I have none.
Residential Real Estate Broker · Bremerton, WA · Member since 2013 · 494 posts · 142 votes
13y
This seems fishy to me. If they can TM "ugly houses" and prevent ppl from using those words in a phrase, then that will prevent the RE industry from speaking/writing about an entire part of the industry!
Post this on www.avvo.com and an IP atty. will respond with actual legal advice for free. Would be interesting to see what they say b/c many ppl here advertise that they buy ugly houses.
lol...just read Ryan's post. "This is also N-O-T legal advice". b/c I have none.
SFR Investor · Los Angeles, CA · Member since 2013 · 134 posts · 16 votes
13y
Hector Perez one of the things I learned a long time ago when I was registering a TM is that you have to actively protect it. Also, there's a big difference between having a registered TM and having a TM. If theirs isn't registered, you basically have a little dog barking at you and a tall fence standing in between.
Flipper/Rehabber · Houston, TX · Member since 2012 · 176 posts · 75 votes
13y
Ryan Logsdon
Thanks for the feedback. I will check the USPTO.
The "we buy ugly houses" is s registered TM. I understand the phrase is protected, but just wondering if the "Ugly Houses" phrase cannot be used as well or lawyer is just pushing it over the limit without a valid reason.
Dont know, other BP members has the same problem in the past
Flipper/Rehabber · Houston, TX · Member since 2012 · 176 posts · 75 votes
13y
In summary, they can't give you that much information, because is a public site, but the answers were very good. Their recommendation was to contact a trademark attorney and discuss this issue Offline, so the lawyer can send a letter back to them.
At the end it all depends if you want to take a costly legal battle to defend your point of view, which yoy may win, or just change the wording in the your website. And you have to ask to yourself How important is that phrase for my business in order to defend it
I am just starting in real estate and I have decided to change the wording in my website they have requested, even though it seems like a bullying tactic, rather than an actual trademark infringement, because the Phrase “We buy Ugly Houses” is trademark, but the word “Ugly House” by itself is not, and I have to make a decision, should I pay a Lawyer to defend my case or use that money for advertising, get more leads and grow my business.