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The brand and title of Flashhouse LLC’s actual property platform fello has an uncanny resemblance to Loandepot’s
The authorized motion filed in a federal court docket in California accuses the competing actual property platform supplier of utilizing “a trademark confusingly just like Loandepot’s federally registered emblems…for mortgage lending servicers and varied different actual property companies.” By doing so, FlashHouse is “amplify[ing] shopper confusion,” the go well with filed Jan.9 mentioned. Loandepot desires to “defend its priceless mental property rights” by having fello’s emblem taken down.
Loandepot declined to offer commentary concerning the lawsuit. FlashHouse LLC didn’t reply to a request for remark.
Within the go well with, the mortgage lender factors out similarities between the model and look of the 2 logos. It additionally claims the e-mail addresses created for buyer outreach are strikingly alike. (Loandepot has a [email protected] e mail, whereas FlashHouse makes use of a [email protected] e mail.)
Such similarities might contribute to deception among the many normal public the place they could assume that fello is related to Loandepot, the go well with claims. Irvine, California-based Loandepot has had its trademark registered for a little bit over six years. In the meantime, Flashhouse filed an intent-to-use utility to register the fello mark on Dec. 2, 2021, paperwork present. Moreover, Flashhouse registered extra commerce names with the Ohio Secretary of State together with “fello insurance coverage” and fello “mortgage” on March 31, 2022.
The similarities between the 2 emblems constitutes illegal and unfair commerce practices and unfair competitors in violation of California state regulation, Loandepot argues.
The mortgage lender additionally has qualms with fello working and directing promoting to areas the place Loandepot itself does enterprise in Southern California.
“Flashhouse has purposefully directed enterprise actions towards customers residing on this judicial district, together with, with out limitation, by coming into into gross sales contracts with residents of this judicial district and directing internet marketing towards residents of this judicial district,” the go well with mentioned.
Loandepot is searching for injunctive reduction to forestall “irreparable hurt” that shall be brought on by FlashHouse’s use of the same emblem. With out such a ruling, “defendants will proceed to supply real-estate-related services and products that infringe on the mello marks,” Loandepot mentioned.
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