relo-experts vs Reliance Relocation Services Trademark issue

[webmaster]

Hey guys and gals

I have received many emails and private messages regarding an email being sent out from the legal team of "reliance relocation services" and their claim of trademark infringement on Relo-Experts.com

I have also been in contact over the last few weeks with Jay Griffin, owner of Relo-experts and he will be addressing your questions and concerns very shortly regarding this issue.

I have my own personal thoughts and opinions on the matter - but I think it best that we open the forum to your questions and I am going to have Jay lead off so that you guys can get the straight goods right from Jay.

Thanks for asking me to set up this thread Jay, we appreciate your support on this issue.

[Jay Griffin]

Thanks Morgan,

To give a little background on this matter on September 28, 2004 CyberConstructors, LLC was sued by Reliance Relocation Network, Inc for "violating" the RELO trademark. This complaint was delivered by FedEx at my then address which was in the Austin, Texas area and I personally signed for it.

The RELO trademark that the directory supposedly violates states the following: "FOR REAL ESTATE RELOCATION SERVICES SPECIFICALLY ASSISTING PERSONS MOVING FROM ONE COMMUNITY TO ANOTHER TO DISPOSE OF FORMER RESIDENCES AND TO OBTAIN NEW RESIDENCES."

You can find out more about this trademark by:

1) Going to uspto.gov
2) Click on Trademarks in the left menu.
3) Click on search TM database (TESS).
4) Click on "New User Form Search (Basic)"
5) Do a search on RELO and you will see various trademarks.

After talking with my attorney I called their attorney and stated that it was our contention the directory was not in violation of the RELO trademark since it does not do any of the above. His response was that it would be for the courts to decide and that I would likely incur very substantial legal fees if I chose to fight them.

It was then and there that I decided there was no reason to point out the numerous flaws in the complaint just so these errors could be amended. Instead I told him that I wanted to ponder my options and I would contact him in a couple of days or have my attorney file an appearance.

A couple of days later I called Reliance's attorney and told him I did not want to fight the battle at that time and so we discussed a "settlement." I told him since there were a number of agents that could be affected by the directory going offline the only stipulation I had was the directory could not come down before April 1, 2005. The attorney had to have that approved by Reliance, they agreed, and I received a letter dated January 10, 2005 that the case had been dismissed.

On February 26, 2005 I moved from Austin to Indianapolis and did a change of address with the post office and had the phone company forward my calls to my Indianapolis phone number. On March 14, 2005 I changed the domain registration information for relo-experts.com to my new address and phone number.

Towards the end of March the attorney called me at my Indianapolis home wanting to confirm that the site would be down on April 1st. That is when I told him that it was not going to happen. He wanted to know why and why I had given the April 1st date for removal and I reminded him that was April Fools' Day and if they were going to refile I was now ready to do battle. I then informed him there were a number of flaws in the original suit and if they refiled to make sure those errors were corrected. He asked what those corrections were and I told him I didn't feel it was my responsibility to provide that information.

Shortly after that the attorney left the law firm but since then I have had two other attorneys from Reliance's law firm call me here at my house in Indianapolis. Both wanted the new address to where they could serve a complaint. I again did not feel it was my duty to provide the information. However if they had sent any postal mail with an address correction notice on it to my old address the post office would have provided them with my current address. They could also have gotten my domain registry information through a court order and learned the address from there. Apparently that was too difficult to do because from the information we have been able to derive over the past few days they used my old Austin address to file their new lawsuit dated September 20, 2005, used a delivery service to tape the complaint to the front door of my former residence with the wrong company name on the delivery receipt, and then got a default judgment rendered on CyberConstructors, LLC on February 8, 2006 for not appearing in court. Even though three of the law firm's attorneys knew I was living in Indiana they still used the old Texas address.

We did not know anything about this judgment until last Friday, October 5th, when I started receiving phone calls from agents. What we find interesting is over 20 months have passed since the judgment was rendered and the company has yet to receive notification. Instead of coming after us they have chosen to use what some have called "strong arm" tactics with agents that are in the directory. It should be noted the attorney that is sending the certified letters to agents is not an attorney with the law firm that filed the complaint.

Once we think we have all the facts we will start the process to have the judgment vacated. Other legal options may become available against certain parties.

In the meantime we are telling agents if they want to remove any reference to relo-experts.com on their site to feel free to do so. Also, if the agent wants to send an email to me personally (jay@jaygriffin.com) to have their listing or listings removed from the directory, again feel free to do so. This should remove any involvement an agent has with the directory and pacify their attorney. Please note that it could take several months before listings are removed unless you demand priority.

If you have any questions about this including wanting to know why after 20 months this has now been stirred up please feel free to ask. If Morgan gives his OK I will spill it all right here and who is behind it. If you want to know what our next steps are going to be for agents I will also answer those questions.

[webmaster]

I started this thread so that you could provide information about the situation, and answer questions - if you have more information you would like to share - by all means

If Morgan gives his OK I will spill it all right here and who is behind it

[Mack Perry]

Jay, your description of the events and time frames makes me once again realize why attorneys are so loved and trusted - NOT.

[Dan Connolly]

Well I'd like to know the details! Who is behind it? Inquiring minds would like to know. Not that it is any of my business... but since you offered! I've got a feeling it could be interesting reading.

BTW I got the letter and am not inerested in removing anything, and I would be interested in what your plans are for agents as well.

[JimOlenbush]

Damn, Jay - I'm sorry to hear about the trouble. "Relo" is a commonly used phrase in the real estate business. It would seem you could win the case if you had a chance to fight it.

So who was it starting problems? I would normally guess the owner of a competing directory, but they wouldn't know about trademark infringements I wouldn't think. Hopefully you can get that judgment thrown out. Good luck man!

[Malok]

While I applaud you and your efforts to "fight the power" so to speak - there is a smudge on you.

You shouldn't have agreed to do something and then back out of it.


I understand that there may have been circumstances at that time that made it an attractive option - but it will look unfavorably for you if you actually end up going to court.
[IMO this all but takes away your option of trial by jury.]


That being said, I hope you do win. If they really felt they had a strong case, they would have taken far stronger steps IMO than they currently have.

IMO, them sending letters to your "customers" telling them to not do business with you - opens the door for a countersuit of slander, and loss of business.

[Bigtoe]

They sent me the letter by email which to me makes it a non existent communication. Huff and puff and blow your house down.

[Jay Griffin]

While I applaud you and your efforts to "fight the power" so to speak - there is a smudge on you.

You shouldn't have agreed to do something and then back out of it.


I understand that there may have been circumstances at that time that made it an attractive option - but it will look unfavorably for you if you actually end up going to court.
[IMO this all but takes away your option of trial by jury.]

You may well be correct but considering they sued the wrong entity in both suits that may have some bearing on this. Time will tell.

[Ryan Ward]

Jay,

Please do tell who are the powers behind this. It may help to shed some light on the situation. You never know what may come as additional information about the individuals (or entities) in question that may help build your case from people who read about this here...