SAN FRANCISCO – A Burlingame-based online marketplace for finding real estate agents alleges a New Jersey business is offering similar services under an almost identical name.
UpNest Inc. filed a complaint on Nov. 14 in the U.S. District Court for the Northern District of California against Less Percent Real Estate alleging tradmark infringement.
According to the complaint, the plaintiff alleges that since January 2013, it has used the name LessThan6percent Inc. and is currently rebranding as UpNest Inc. The plaintiff alleges that in May, the defendant began operating a website on the www.lesspercent.com domain in direct competition with plaintiff's business. The plaintiff holds Less Percent Real Estate responsible because the defendant allegedly deceives consumers into believing that they are engaging plaintiff’s services when in fact they are dealing with an imitation.
The plaintiff requests a trial by jury and seeks judgment against defendant. It is represented by Heather R. Norton of the Law Office of Heather Norton in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06568