HomeVestors Attains Victory Over Trademark Infringers HomeVestors Franchise Diligently Protects Its Trademarks
DALLAS, Dec. 15, 2011 /PRNewswire/ -- HomeVestors of America, Inc. ("HomeVestors"), known for its registered trademark We Buy Ugly Houses®, has won a Uniform Domain-Name Dispute-Resolution Policy ("UDRP") proceeding against Freedomsoft LLLP, winning the right to use the domain name www.webuyuglyhousesphoenix.com. The UDRP Complaint was filed before the National Arbitration Forum, which issued a decision (October 24, 2011) ordering the transfer of the domain name to HomeVestors.
As the largest buyer of houses in the U.S., HomeVestors has been diligent in protecting its trademarks. Approximately a year ago, HomeVestors initiated a campaign to stop third parties from using its federally registered trademarks as part of their domain names and on their websites without being authorized to do so.
Since its last UDRP win, HomeVestors has filed another UDRP proceeding, which it expects results from in the next few weeks. HomeVestors is committed to gaining control over the domain names that use its registered trademarks as part of those domains.
As the first franchise company of its kind, HomeVestors has been franchising since 1996. HomeVestors currently has about 200 franchises in 33 states. Franchisees are authorized to use the WE BUY UGLY HOUSES® trademarks in connection with their franchised businesses. However, use of such trademarks by unauthorized third parties is prohibited.
"All domain registrars are required to follow the UDRP," explained HomeVestors litigation attorney Darin Klemchuk of Klemchuk Kubasta LLP.
"Under the UDRP, the dispute is resolved by an arbitration committee. If HomeVestors wins, it can elect to cancel, suspend, or transfer the domain name at issue," said Klemchuk. "Many times we find cybersquatters who think it is enough to add the name of a city along with the WE BUY UGLY HOUSES® trademarks. It is very clear from past decisions that such modifications are not sufficient to avoid cybersquatting."
HomeVestors has owned and used the HOMEVESTORS®, WE BUY UGLY HOUSES®, the UG family of marks, and other proprietary trademarks continuously for many years.
About HomeVestors of America, Inc.
Dallas-based HomeVestors of America, Inc. is the #1 buyer of houses in the U.S. HomeVestors trains and supports franchisees that specialize in buying and rehabbing residential properties. Most commonly known as the "We Buy Ugly Houses" company, HomeVestors strives to make a positive impact in each community. In 2010, for the fifth consecutive year, HomeVestors was among the prestigious Franchise Business Review's "Top 50 Franchises," a distinction awarded to franchisors with the highest level of franchisee satisfaction. For more information, visit www.HomeVestors.com.
About Klemchuk Kubasta LLP
Klemchuk Kubasta LLP is a law firm offering a full array of intellectual property related services, including litigation and enforcement of all forms of intellectual property, as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides legal services relating to trade secrets, unfair competition, domain names, e-commerce, privacy policies, Internet law, commercial and business litigation, technology transactions, and international business and trade. Located in Dallas, Texas, Klemchuk Kubasta LLP supports a diverse client base ranging from startups to established market-leading companies. Klemchuk Kubasta LLP also serves as local counsel for IP and commercial litigation cases pending in Texas, including the federal courts in the Northern and Eastern Districts of Texas. Additional information about the firm and its attorneys may be found at www.kk-llp.com.
For more information, contact:
Susie Lomelino, 214.269.2092