RE/MAX, LLC sued PROPERTY MAX REALTY INC. AND OTHERS for trademark infringement in Vancouver Canada according to Federal Court file T-545-16. PROPERTY MAX REALTY INC. appears to operate from propertymax.ca.

Trademark Infringement and Passing Off

PROPERTY MAX’s logo doesn’t look anything like the RE/MAX logo, the name includes the words “MAX REALTY” and that may be the basis for the trademark passing off claim.

RE/MAX logo
RE/MAX sues Property Max Realty

property-max-realty-inc-logo-webpage propertymax.ca-website-2009-November-1-archived-webpage

Mohan Subramaniyam last registered propertymax.ca on 2011/01/12. But the archive.org wayback machine shows that the “Property/Max Realty Inc. Brokerage” had a website at propertymax.ca since at least November 2009.

Maybe they should try and claim the affirmative defenses of laches and a lack of distinctiveness. A nuans pre-search report for the words “MAX REALTY” might help to show how distinctive those words are in Canada.

It would be interesting to read the trademark infringement claim.

RE/MAX is short for “Real Estate Maximums.” REMAX operates in Canada from remax.ca. REMAX is an American international real estate company that operates through a franchise system. Wikipedia
Headquarters: Denver, Colorado, United States
Stock price: RMAX (NYSE) US$34.68 -0.12 (-0.34%)
Apr 5, 2016, 4:02 PM EDT – Disclaimer
CEO: Dave L. Liniger
Founded: 1973, Denver, Colorado, United States
Revenue: 171 million USD (2014)
Founders: David (Dave) Liniger, Gail A. Liniger

David Michaels

David Michaels, J.D., B.Eng., CHRM is a legal blogger (and a trained attorney) who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993. David is a brand consultant, a writer, an eCommerce entrepreneur, and an aeronautical engineer. http://ca.linkedin.com/in/davidtmichaels/ Warning & Disclaimer: The pages, articles and comments on trademarkpro.ca do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author's notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of trademarkpro.ca. The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.

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