Texas Ruling a ‘Major Trademark Victory’

RE/MAX scored a major legal victory earlier this fall when a federal judge ruled against an independent Texas brokerage for using red-over-white-over-blue yard signs that look too much like the trademarked RE/MAX design.

The decision resolved the biggest question in a two-year trademark suit brought by RE/MAX International against Trend Setter Realty, a 700-agent brokerage in Houston and San Antonio. The court held that Trend Setter’s sign is trademark infringement under both federal and Texas law.

“In addition to the victory in this case, the judge’s ruling will serve as a very important precedent for us to use against future infringements of our red-over-white-over-blue bar design,” says RE/MAX Senior Vice President and Chief Legal Officer Geoff Lewis. “We made many attempts to get Trend Setter to settle with us and to change their sign before the case proceeded too far, but they refused.”

As part of its argument on the trademark issue, RE/MAX International commissioned a consumer survey to determine if the Trend Setter sign was confusing to the public. Some 225 adults were shown a photo of a Trend Setter sign and then asked whose sign it was, or who the company was affiliated with. More than a quarter of the participants associated the sign with RE/MAX.

In its ruling, the court quoted several survey respondents who, when asked why the tied the sign to RE/MAX, said, “Because it’s their sign; they are the only ones that I know of that have this color of sign,” and “It looks exactly like a RE/MAX sign.” This occurred despite the fact that Trend Setter’s sign contains no balloon and has a white bar modified into the shape of a roofline.

“This is more than just a victory for our brand,” said RE/MAX of Texas CEO Richard Filip. “This is a validation of the years of quality service, professionalism and integrity that RE/MAX agents have worked hard to provide to clients worldwide. The brand represents every RE/MAX agent and their efforts. They are the ones who built it into the powerful symbol it is today.”

The court rejected claims that the RE/MAX bar design is generic. It also cited the network’s diligence in policing its marks, noting that strict enforcement of Trademark & Graphic Standards significantly strengthens RE/MAX ownership of its brand and marks.

TrendSetter forced to change their signs due to similarity to RE/MAX

Search the Nations Foreclosures on REMAX.com

RE/MAX Associates and consumers can now search foreclosure listings on remax.com. The No. 1 foreclosure listing Web site, RealtyTrac, is providing remax.com visitors information on more than 1.3 million REO properties across the United States. Sourced by government agencies and national news media, RealtyTrac collects foreclosure data from more than 2,200 counties, covering more than 90 percent of U.S. households.

“The new partnership with RealtyTrac is about adapting to the market we’re facing,” says RE/MAX of Texas CEO Richard Filip.  ”Agents and Broker/Owners can leverage the RealtyTrac foreclosure information and inventory on remax.com for their sellers and buyers.”   The National Association of REALTORS® estimates that Foreclosure Property represents nearly on half of all real estate transactions in 2009, with the trend continuing well into 2010. The new partnership with RealtyTrac creates opportunities for Associates across the RE/MAX network to help their clients take advantage of valuable savings on U.S. properties. For more information on RE/MAX, visit www.remaxtexas.com

We are RMNSA have several Agents who are certified to work with distressed properties such as foreclosures and short sales.  If you are interested in speaking with one of our distressed property experts.  Please call me, Rita, and I will be happy to match you with an Agent who will exceed your needs.

Rita McKay

Director of Marketing and Communications

RE/MAX North-San Antonio

210.698.3253  Office

210.360.0720  Cell

Rita@RMNSA.com

“The Shark and the Goldfish: Positive Ways to thrive dring Waves of Change”

As we have just come through our round of November Sales Meetings at each of the offices, I wanted to touch back on a topic that Kate discussed. As we all know, the real estate market has taken a downturn over the last year (plus) causing the market to become considerably more “lean” that we have seen in years. Even with this somewhat dismal market, many of our RMNSA Agents have put there nose to the grindstone and are producing at a higher level than years past.

We have 32 Agents who have, as of the end of October 2009, already met and/or exceeded a RE/MAX Club Level Production Award, with many more who are VERY close with 2 months left in 2009, and we have 15 current “Budget Busters,” who have already exceeded their 2008 production by 120%!!!!

Kate read an excerpt from Jon Gordon’s “The Shark and the Goldfish” that really defines why these Agents have had such unprecedented success.

“Do you know what fear and faith have in common?” “…a future that hasn’t happened yet. Fear believes in a negative future. Faith believes in a positive future….So I ask you, if neither the positive or negative future has happened yet, why not choose to believe in a positive future? Why not believe that great things are coming your way?” “Your faith and belief in a positive future leads to powerful actions today.”

Of course, we at RMNSA are raving fans of our group of Agents. We truly feel we have the best agents in San Antonio! But, these success stories prove that with their professionalism, education, and positive attitude, our Agents can not only handle, but can help turn around the real estate market in San Antonio.

To find a RMNSA Agent to help you with your real estate needs, contact me, Rita, and I will be happy to help place you with an Agent that will exceed your needs.

Rita McKay
Director of Marketing and Communications
RE/MAX North-San Antonio
210.698.3253 Office
210.360.0720 Cell
Rita@RMNSA.com

For a little needed motivation!

We just want to let all of our RMNSA Agents know that we are behind them 100%.  When things get tough, the tough get going!  Let’s show ‘em how tough we are.

Secretary Donovan Meets with RE/MAX Chairman Liniger RE/MAX: Recommends Procedures to Streamline Short Sales

San Antonio, TX – September 18, 2009- RE/MAX Chairman and Co-Founder Dave Liniger met with Housing and Urban Development Secretary Shaun Donovan on Friday. They had a conversation on a variety of topics related to the current state of the real estate market, but focused primarily on recommendations for streamlining the Short Sale process. “We feel strongly that if Short Sale transactions can become more like normal real estate transactions, we can make significant headway in reducing the number of vacant and foreclosed homes on the market,” Liniger said. “Because most homeowners aren’t aware that they have this option and loan servicers haven’t made it a priority, we feel that the federal government should facilitate an effective national initiative.” Also present at the meeting, held in Secretary Donovan’s office, were FHA Commissioner Dave Stevens and Laurie Maggiano of the Treasury Department’s Chief of Homeowner Preservation Office. Accompanying Dave Liniger to Washington was RE/MAX Senior Vice President, Mike Ryan. A Short Sale can occur when a lender allows a homeowner to sell a home for a price that is less than what is owed on the mortgage, if the homeowner is experiencing a financial difficulty that would make monthly mortgage payments a significant burden. Unfortunately, nearly 70% of homeowners facing foreclosure never list their home for sale, even though a Short Sale has many benefits over a foreclosure. RE/MAX has made assisting such families a high priority and has undertaken a comprehensive, targeted agent training program. In March, Liniger set a goal of having 7,500 RE/MAX Sales Associates earn the Certified Distressed Property Expert (CDPE) designation by the end of the year. The actual number has already passed 7,000 and represents 62% of all CDPE agents in the United States. Surveys show that after earning a CDPE designation, agents are twice as likely to be able to keep families in their homes. With the CDPE designation, agents are also able to cut the time in half that it takes to close a Short Sale. The average CDPE agent closes about 10 Short Sale transactions a year. “Many real estate agents are unprepared or unwilling to take on a Short Sale client because of the intricacies involved; however, a Short Sale is often the best solution to the client’s problem. Homeowners facing foreclosure would be well-advised to seek out a real estate professional with experience in this procedure.” RE/MAX North-San Antonio General Manager, Roger Rowan states. “A Certified Distresssed Property Expert (CDPE) designee who has taken the time to learn the in’s and out’s of dealing with lenders, mortgage insurers and owners of distressed property would be a good person for homeowners to consult when they find themselves in this situation.” RE/MAX North-San Antonio Agents James Rodgers, 210-323.1423, and Jimmy Stewart, 210.601.6805 are both CDPE Designees and are happy to educate and help sellers here locally. The real estate market will not recover until the number of foreclosures is reduced and home prices start to rebound. An efficient Short Sale process can have a significant impact on foreclosures, which remain at record high levels. RE/MAX hopes that a standardized, national Short Sale process will soon be in place to promote a lasting housing recovery. For more information on RE/MAX visit www.RMNSA.com.

Cathy Cole Earns Prestigious ALHS Designation

Cathy Cole

Congratulations to Cathy Cole at our Helotes office. She has just earned the prestigious Accredited Luxury Home Specialist (ALHS) Designation. This intensive, two day course, explores national luxury housing, specialized luxury buyer and seller needs, development and delivery of unique high level services, representation issues, liability and risk management, builder services, personal marketing, and much more.

“We’re Almost There!” RE/MAX Strives Toward $100 Million Contribution Goal

When a tough economic period descends and individuals and corporations tighten their belts, some of the hardest hit areas are the non profits and charitable institutions that suffer from lack of donations. Their support often decreases while the need for support does not. In the real estate industry, we are examining our efficiency and adapting to market changes, but we certainly aren’t giving up our community support. RE/MAX has kicked off one of the most ambitious charity campaigns in real estate history. The “$100 Million” campaign began in the second quarter of 2009 and is raising the bar for the company’s endeavor to support Children’s Miracle Network, the national non profit alliance of children’s hospitals providing healthcare regardless of the patients’ ability to pay. With contributions exceeding $93 million since 1992, it’s the goal of RE/MAX to maximize their global contribution to the $100 million mark. Incorporating support of CMN and other charities into their business model, RE/MAX has been innovative in finding ways to increase funds to local children’s healthcare. Over half of all RE/MAX offices in Texas are participants in the RE/MAX Miracle Office program, whereby every agent makes an annual contribution to Children’s Miracle Network, or donates a portion of their commission from each transaction on behalf of their client. RE/MAX Sales Associates are unique in that a majority of the donations received by Children’s Miracle Network from RE/MAX are the direct result of Associates’ hard work rather than solicited from customers. Founded in 1983, Children’s Miracle Network generates health care funds and awareness programs to benefit children. The nonprofit organization’s 170 participating hospitals across North America help 17 million children annually. In 2008, RE/MAX agents in North America raised over $8 million alone for Children’s Miracle Network hospitals. “Support of the community is an intrinsic part of our offices’ business philosophy and we are delighted that RE/MAX International has thrown down the gauntlet and challenged all RE/MAX offices to meet this goal in community service,” says RE/MAX of Texas CEO Richard Filip. Earlier this year, Filip gratefully accepted on behalf of all Texas REMAX offices the 2009 CMN ‘Miracle Region’ award bestowed by the RE/MAX International. “Our business is more than just about buying and selling homes. It’s about helping to create communities and supporting the families that make up those communities. Now more than ever, when economic hardships are forcing cut backs on charitable contributions across the country, it’s time for those with the means to step up to the plate and give back. We feel privileged to be able to assist patients across Texas in any way we can.” RE/MAX North-San Antonio Agents are, and have always been, a driving force in the charitable contributions donated by the RE/MAX of Texas San Antonio Council to Christus Santa Rosa Children’s Hospital. This year is no different! Team Thomas, of our North-Central office, have already hosted the RE/MAX Long Drive Championship Qualifier Event at the Hawk Golf Club earlier this year and raised over $600!! For more information on how to get involved, please contact Rita McKay at 210.698.3253.

Hughes Custom Villas 2009 Summit Award Winner

RE/MAX North-San Antonio is proud to announce, Hughes Custom Villas is the recipient of the Best Product Design – $300,001-$400,000 category for the Greater San Antonio Builders Association’s 2009 Summit Awards.

The Summit Awards are the Association’s premier annual event recognizing the outstanding achievements of its Builder and Associate members.

The Greater San Antonio Builders Association’s 1000+ Associate and Builder members compete for the celebrated awards in 100 categories in the areas of Promotional, Product and Personal Achievement. Judges from across the country score each entry, narrowing the field to one winner for each category. The Association recognizes excellence of achievement in marketing, advertising and product with a golden eagle Summit Award for the winner.

Hughes Custom Villas is an elite series of Hughes homes offered in Cantera Village.This private, upscale neighborhood is conveniently located at De Zavala and Vance Jackson, providing close proximity to Valero, UTSA, Huebner Oaks, La Cantera and The Rim. “Hughes is building an A+ product in an A+ location! The attention to detail in these properties is above most others in this price range. Come by, you won’t be disappointed,” said Marilyn Smith with RE/MAX North-San Antonio, who markets Hughes’ Cantera Village.

For more information on Hughes Cutsom Villas, and the entire Hughes product line, visit www.HughesCustomVillas.com or contact Marilyn Smith at 210.287.4893.

Marq Hughes, 2009 Summit Award Winner

Sandi Yarbrough joins us at the Hardy Oak Office

RE/MAX North-San Antonio welcomes Sandi Yarbrough to their North Central location. Seven of Sandi’s 10 years in San Antonio have been spent in Stone Oak where she lives, volunteers, and co-owns Stoneoakinfo.com, the community website for the Stone Oak/North San Antonio area. Sandi holds a B.B.A in Marketing, but also has a music background. She has been a soloist in San Antonio, Austin, Ft.Worth, Arlington, and Wichita, Kansas, and has been a member of the San Antonio Choral Society. Sandi has been a private voice teacher for 15 years, and leads a youth choir at her church. She enjoys playing tennis, watching movies, and spending time with her husband, Greg, and their 3 teenage children. Sandi is thrilled to be part of RE/MAX North-SA and is looking forward to helping others find a place to call “home.”

Sandi can be reached at 210643.8778 or at SandiYarbrough@remax.net

Financial University Approved for MCE

Great News! Madge Rashell, with HomeTrust Mortgage, just received word from the Texas Real Estate Commission that her “Financial University” classes, that we RMNSA agents have had the luck of attending in the past, have been approved for MCE credit. 6 classes, 2 hrs. each!! More details to come.
Congratulations, Madge!