Trademark Infringement

Posted on Blog April 21, 2015


In a recent case, a federal district court ruled that a satisfactory showing on a federal trademark infringement claim the Lanham Act, 15 U.S.C.A. § 1114, will also establish claims for common law trademark infringement and common law unfair competition under both California and New Jersey law. Century 21 Real Estate LLC v. Ed/Var Inc., No. 5:13-cv-00887 EJD, 2014 WL 3378278 (N.D. Cal. July 10, 2014). A Century 21 real estate brokerage franchise defaulted on its franchise agreement by failing to pay royalties and advertising fees. The court found that Century 21 owned registered marks, there was no question that Ed/Var continued to use the marks after Century 21 terminated the franchise agreement as a “holdover” franchisee, and that such use was likely to cause consumer confusion because the parties provided real estate brokerage services using the same external signage and utilizing internet websites to display their services. Century 21 was granted a permanent injunction against defendants’ continued use of the marks, and was granted nominal monetary relief.


Contact Us

   ZESB in The News

  • 07/12/2019

    Burger King customers seen telling manager to ‘go back to Mexico’ in viral video Author: Michael Bartiromo
    Publication: FOX News

    View Article //

  • 07/11/2019

    Two Burger King customers tell Spanish-speaking manager to ‘go back to Mexico’ Author: Hasley Pitman
    Publication: KVOA.com News Tucson

    View Article //

   Firm News

  • 09/12/2019

    Zarco and Einhorn selected to speak at the 2019 AAFD Franchisee Leadership Summit

    View Article //

  • 09/03/2019

    Robert Zarco awarded 2020 Lawyer of the Year by Best Lawyers in Franchise Law

    View Article //