The impact of images when featured on a television program or a Web site is hard to measure, but one company doesn't like the odds, especially when imagery is used in association with an unprofessional real estate agent.

According to a civil suit which was filed October 31, 2002 in U.S. District Court in Denver, Colorado, RE/MAX International is suing CBS television network and its owner, Viacom over the use of signage similar to RE/MAX's which was featured in the October 10 episode of CSI: Crime Scene Investigation. In the story, a real estate agent was depicted who not only exhibited unethical practices, but was also suspected of robbery, pornography and homicide, alleges RE/MAX.

RE/MAX has prevailed in similar suits recently, and at least 13 suits since 1990. Say spokespersons, RE/MAX International reached an agreement with e-Bay last year to remove a red, white and blue sign which was similar to RE/MAX's from television commercials it was using at the time. The company also succeeded in getting a for-sale-by-owner service company to change its Web site and its yard signs after being advised of a RE/MAX trademark infringement.

RE/MAX alleges that the show's trademark violations also include the use of the word REALTOR, which was misused on the yard signage and in the script. RE/MAX hopes to get the NAR involved by sending a copy of the suit to NAR attorneys.

The NAR is also fresh off a recent victory - defending its servicemark in an action brought by a former member which attempted to get the U.S. Patent and Trademark Office to cancel the National Association of Realtors membership marks – REALTOR and REALTORS.

CSI: Crime Scene Investigation, now in its third season, is a huge hit for the network, and has even spawned a spin-off which is the most highly rated of the new season dramas, CSI: Miami.

The show's popularity only means that the signage could have reached a large audience who could have been negatively influenced toward Realtors or toward RE/MAX Realtors.

“We are not a litigious organization,” explains Dave Liniger, RE/MAX cofounder and chairman in a prepared statement. “But, we have an obligation to more than 76,000 RE/MAX agents worldwide to prevent others from using any of our trademarks. RE/MAX agents have worked diligently for 30 years to establish professional reputations with their clients, and a television episode like this, which, by the way, reached some 32 million viewers that week, could easily tarnish those efforts."

Liniger explains that RE/MAX seeks exposure of the RE/MAX trademarks in television and films through a professional placement firm. "But none of us were informed of this episode," he says. "In fact, we would not have approved a RE/MAX sign in this scenario because of the negative connotations.”

According to RE/MAX spokespersons, RE/MAX will vigorously defend its trademark, yet it does not wish to be known as a litigious company.

Explains senior vice president and counsel John R. Linton, "In over ninety percent of the RE/MAX sign infringement situations, the infringer is persuaded to change his/her signs through cease and desist letters or telephone discussions wherein the service mark rights of RE/MAX are explained. It is only where such efforts are unsuccessful that we initiate litigation.

"One of the more fundamental cases and one that resulted in a reported opinion confirming the rights of RE/MAX International in its distinctive sign design is RE/MAX International Inc. v. Help-U-Sell Inc. (CA) (20 USPQ2d 1945) decided in 1991," Linton continues. "This case confirmed that the rights of RE/MAX in its sign design go beyond the specific shape of the sign and the shape of the bars and that consumer association of similar signs with RE/MAX is not overcome by bold lettering or names added in an effort to differentiate a similar sign from the RE/MAX distinctive sign design."

"For thirty years, RE/MAX has owned the trademark rights in real estate for our horizontal bars of red, white and blue on yard signs,” says Liniger. "And, for thirty years we have protected those rights. In more than one instance, a trademark that was not used or protected was lost. We have no intention of letting that happen. This situation is no different than those in the past where we have exercised our legal rights to our trademarks. The only difference here is that CBS attorneys were unwilling to allow time to reach an agreement with us on deleting or changing the look-alike sign in any future re-broadcasts of the episode. We had no other option than to file suit.”

Published: November 5, 2002

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Blanche Evans is the award-winning senior editor of Realty Times, the Internet's leading independent real estate news service. She is featured daily on the Realty Times Video Network in the "Realty Viewpoint" segment. Blanche has been named one of the "25 Most Influential People In Real Estate" by REALTOR Magazine, and has been twice recognized as a "notable." In 2005, she was named "Top Reporter Covering the NAR" by Delahaye-Bacon's. Blanche is a renowned author of five real estate books. Her newest, Bubbles, Booms and Busts: Make Money In Any Real Estate Market, McGraw-Hill, was rave-reviewed by The New York Times. She was also selected from hundreds of real estate experts to contribute to Donald Trump's book, Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their Strategies, Rutledge Hill Press, and is featured on page 68. Order Now Review - Honors In 2006, Blanche was selected among scores of candidates to author two consumer real estate guidebooks for the National Association of Realtors: The NAR Guide to Home Buying, and The NAR Guide to Home Selling, Wiley & Sons. She is currently planning two new books for the NAR and its members.       Known for her keen insight into real estate industry issues and for her ability to make complex subjects easy to understand, Blanche is a sought-after keynote and continuing education speaker. Real estate organizations from MLSs, to brokerages, to franchisors, to associations hire her to provide up-to-the-minute analysis of real estate industry news and advice on how to improve revenues. Her passionate delivery, peppered with stinging wit, is a huge hit with audiences and fans. Don Klein, CEO Greater Nashville Association of Realtors, Blanche Evans, Richard Courtney, president 2007, GRAR "The GNAR membership meeting last week featured Blanche Evans as the keynote speaker. Her comments and insights resonated extremely well with those in attendance and we have had many requests for copies of her PowerPoint Presentation. She was a terrific part of the membership meeting and convention program!" - Don Klein, CEO Greater Nashville Association of Realtors Coverage from WSMV, Nashville - 8-14-2007 That Interview Guy - Get Inside The Head Of Today's Generation 2007 AE Institute Session - To purchase 2006 AE Institute Session - Parts 1 2 3 4 5 6 7 8 9 HouseValues Mastermind call - Parts 1 2 Blanche's fireside chat with Jeremy Conaway, HAR - Click here. To contact Blanche, email her at . For more articles by Blanche, click here.