On June 14, 2012, HomeVestors of America, Inc. filed a lawsuit in the Northern District of Texas accusing Duane LeGate and House Buyer Network, Inc. of committing trademark infringement, unfair competition, unjust enrichment, injury to business reputation, and breach of contract under Texas law. HomeVestors, according to the Complaint (available here), “is known as the WE BUY UGLY HOUSES® people and is the number one buyer of houses in the United States.”
HomeVestors asserts, among other things, that defendant LeGate entered into a settlement agreement with HomeVestors in 2006 “whereby LeGate transferred a number of domain names to Plaintiff and whereby LeGate agreed to stop purchasing keywords incorporating the HomeVestors” trademarks. HomeVestors claims that defendants continued to purchase internet advertising keywords containing HomeVestors registered trademarks to advertise defendants’ own products and services and gain search-engine popularity.
In the lawsuit, HomeVestors seeks (1) actual, treble, and exemplary damages from defendants; (2) a preliminary injunction, and after trial, a permanent injunction; and (3) HomeVestors’ attorneys’ fees and costs of court.
Judge Solis has been assigned the case.
HomeVestors is represented by Darin Klemchuk, James Davis, and Kelsey Johnson, all of Klemchuk Kubasta LLP.
Defendants are represented by Jason Bloom and David Harper, both of Haynes & Boone LLP.