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Re/Max, LLC A Delaware Limited Liability Company v. Rhegar Realty

February 8, 2011

RE/MAX, LLC A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
RHEGAR REALTY, INC. F/K/A RE/GAR REALTY, INC. AN ILLINOIS CORPORATION,AND PORFIRIO GARCIA, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Judge John W. Darrah

Magistrate Judge Maria Valdez

ORDER AND CONSENT JUDGMENT

This action was commenced on September 21, 2010, by Plaintiff RE/MAX, LLC ("RE/MAX") against Defendants RHEGAR REALTY, INC. f/k/a RE/GAR REALTY, INC. ("RHEGAR") and Porfirio Garcia (collectively, "Defendants,") arising from continuing acts of trademark infringement and unfair competition as a result of Defendants' use of the names "RE/GAR", "REGAR" and "RHEGAR," as well as for breach of the parties' prior Settlement Agreement. (ECF No. 1). RE/MAX and Defendants, by and through their respective counsel, have agreed to settle this matter and to terminate this action by entry of this Order and Consent Judgment:

THE PARTIES' TERMS OF SETTLEMENT

1. This is an action for injunctive and monetary relief for acts of service mark infringement and unfair competition under the laws of the United States, Title 15, United States Code; and trademark infringement, unfair competition, misappropriation of business value and breach of contract under the common law of the State of Illinois.

2. The Court has subject matter jurisdiction under 15 U.S.C. § 1121, and 28 U.S.C. §§ 1338 and 1367. This Court has personal jurisdiction over the Defendants. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b).

3. RE/MAX is a limited liability company formed under the laws of the state of Delaware with its principal place of business at 5075 South Syracuse Street, Denver, Colorado 80237-2712.

4. RE/MAX is the owner of U.S. Trademark Registration Nos. 1,139,014; 1,339,510; and 2,403,626 for the service mark "RE/MAX" and U.S. Trademark Registration Nos. 2,054,698 and 2,106,387 for the service mark "REMAX" (collectively, the "RE/MAX name trademark"). RE/MAX also is the owner of Illinois Trademark Registration No. 08131985 for RE/MAX. U.S. Trademark Registration Nos. 1,139,014 and 1,339,510 have achieved incontestability under 15 U.S.C. § 1065. The federal registration rights and common law rights of RE/MAX in the RE/MAX name trademark are collectively referred to as the "RE/MAX Trademarks."

5. Defendant RHEGAR, f/k/a RE/GAR, is an Illinois corporation with its principal place of business at 3607 Grand Avenue, Gurnee, Illinois 60031. RHEGAR provides real estate brokerage services in this District.

6. Porfirio Garcia is an Illinois resident residing within this District and is a licensed real estate broker with RHEGAR. Garcia personally controls and directs the activities of RHEGAR, and provides real estate sales services on behalf of, or for the benefit of himself and RHEGAR, in this District.

7. Defendants admit that the RE/MAX Trademarks as set forth above are subsisting, valid, enforceable, and famous.

8. Defendants admit that their use of the RE/GAR and RHEGAR marks, and the RE/GAR signs depicted below that Defendants used in conjunction with providing real estate services and which are identified in the Verified Complaint pending in this action, are confusingly similar to the RE/MAX Trademarks, and are likely to result in a mistaken belief that Defendants are affiliated with, related to, sponsored by, or connected with RE/MAX, and are likely to result in confusion, mistake, or deception as to origin, sponsorship, or approval by RE/MAX of Defendants' real estate services:

A. B. C.

9. The parties have agreed to the entry of this Order and ...


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