The Flag Company v Five Star Flags

American Flag Manufacturers Duke it out over US Flag Sales to Realtors

Fed. Ct. Atlanta (GAND)| Judge Charles Pannell | Summary Judgment Motion Filed May 28, 2010
Gravamen: Is "farming flag" a generic term in the residential RE Brokerage Industry?
Alleged: Trademark Infringement (Lanham Act)
Defense: Lanham prohibits trademarking of generic terms

Please send this to Laurie Janik, General Counsel of the National Association of Realtors. Act now to protect REALTOR® intellectual property.

Dear Laurie Janik:
This is a trademark infringement case. The core issue is whether farming flags is a generic term in the residential real estate brokerage community.

Farming is a famous word for REALTOR® professionals. Farming with the American flag at patriotic holidays is likewise a famous REALTOR® practice. A claim has been made in Federal Court that the term 'farming flag' was coined in 1989, perhaps a decade after real estate professionals started farming with flags.

The litigation is at a critical and urgent stage. A motion for summary judgement has been filed, despite the presentation of dozens of newspaper archives documenting farming with flags prior to this claimed coining of the term.

The opposition to this motion for summary judgment is due June 18th in Atlanta.

I am writing to you to request that you appear as amicus curiae at trial to address these important issues for your membership in this matter.

Call Five Star Flags at (949) 650-6698 and ask for Steve.

Your Name Here

CIVIL ACTION NO: 1:09-CV-1880
THE FLAG COMPANY, INC. a Georgia Corporation, Plaintiff, VS. STEVEN A CHAN, LLC (d/b/a FIVE STAR FLAGS and/or VIA5), a California Limited Liability Company, and STEVEN A. CHAN, a California resident, Defendant
In the United States District Court Northern District of Georgia Atlanta Division


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