SAN DIEGO – A Minnesota corporation alleges a San Diego real estate company is offering similar services under an almost identical name.
Homes for Heroes Inc. filed a complaint on Nov. 7 in the U.S. District Court for the Southern District of California against D&C Moore Inc., doing business as Moore & Sons Realty, alleging trademark infringement.
According to the complaint, the plaintiff alleges that in 2002, it has been using the mark Homes For Heroes and was granted a registered trademark on
Nov. 23, 2004,
for operating a real estate services program that provides discounts for veterans, police officers, firefighters, emergency technicians and others under the subject trademarks. However, in April, the defendant allegedly started a similar program called Homes For Our Heroes, including a website called www.sdhomesforourheroes.com, which offers the same services as the plaintiff.
The plaintiff holds D&C Moore Inc. responsible because the defendant allegedly intended to trade on the valuable reputation and goodwill of plaintiff's marks by using a substantially identical mark, and caused confusion among consumers by offering similar services and using the same marks.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, disgorgement and/or restitution of profits, attorneys' fees, costs and further relief as may be just. It is represented by Rebecca A. Peterson, David W. Asp and Scott Moriarity of Lockridge Grindal Nauen PLLP in Minneapolis, Minnesota.
U.S. District Court for the Southern District of California Case number 3:16-cv-02750