A Minnesota actual property agent is up in arms over a Hamilton, Ont. Realtor’s current commercials — which he says look slightly too much like his personal.
In a lawsuit filed Aug. 12, Kris Lindahl, of Kris Lindahl Actual Property (KLRE), alleges that Rob Golfi, of Re/Max Escarpment Golfi Realty Inc., ripped off the Minneapolis agent’s signature “Arms Outstretched” pose.
“No Minnesotan can drive by way of the Twin Cities with out seeing a KLRE billboard or bus commercial displaying Mr. Lindahl performing his signature ‘Arms Outstretched’ pose. It goes with out saying that this pose is an integral a part of KLRE’s advertising marketing campaign,” the lawsuit reads.
The lawsuit reveals that Lindahl has utilized to trademark the pose, which his attorneys argue has develop into synonymous with the success he and his agency have skilled in recent times.
That’s why the brokerage south of the border stated it’s taking subject with Golfi’s advertisements, which additionally characteristic the pose.
Lindahl’s attorneys allege the “copying” started following a seminar he hosted in Could 2021, which they declare Golfi attended.
Within the lawsuit, they argue Golfi “considered and have become conscious of the arms outstretched pose throughout his viewing of the seminar.”
Furthermore, the lawsuit alleges all attendees, together with Golfi, had been required to signal an settlement earlier than the seminar which reads, partly, “any unauthorized use or distribution of the proprietary ideas, supplies, and mental property by the participant or his/her consultant is prohibited and the seminar hosts will pursue authorized motion if these phrases are violated.”
Lindahl’s attorneys declare Golfi violated that settlement on Oct. 31 when he launched a Halloween-inspired commercial that confirmed the Hamilton agent as a vampire together with his arms outstretched.
They are saying Golfi continued to make use of the pose in his commercials over the subsequent a number of months, earlier than the “most egregious” incident of alleged plagiarism passed off.
Again in 2019, KLRE launched an commercial parodying political marketing campaign speeches dubbed “Lindahl Marketing campaign Commercial.”
On this case, the agency stated they obtained a federal copyright registration for the video.
Then, Lindahl’s attorneys say Golfi revealed an advert that they described as “almost equivalent.”
“[The Golfi Realty Campaign Advertisement] had a virtually equivalent script and used almost equivalent graphics and gestures, together with Mr. Golfi ending the video by performing the arms outstretched pose,” the lawsuit reads.
Following a cease-and-desist letter, the attorneys for KLRE stated within the lawsuit Golfi’s staff eliminated the video, however allege he continued to make use of the pose in different types of branding.
Counsel for Golfi Realty claimed that they had been “unaware {that a} contract was signed and {that a} seminar was attended,” Lindahl’s attorneys stated.
After Golfi’s attorneys requested and acquired a duplicate of the signature, they claimed the signature didn’t “seem genuine,” the lawsuit reads.
KLRE stated it demanded mediation on Could 31, however by no means heard again from Golfi’s staff.
Lindahl’s attorneys have accused Golfi of breach of contract and copyright infringement. They’re in search of a judgment to facet with their claims in addition to damages.
The precise dollar-value the KLRE staff is in search of in damages was not disclosed.
In response to the lawsuit, Golfi issued an announcement to CTV Information Toronto through which he known as the motion by KLRE “disheartening.”
“Kris Lindahl and myself had been members of an unique actual property group that has been sharing advertising concepts and techniques for years. Myself and plenty of others had been challenged by Kris to take motion an implement many concepts that had been introduced by him,” Golfi stated within the assertion.
“This advertising marketing campaign had been working for a lot of months with Kris utterly conscious and he had not voiced any points or considerations.”
CTV Information Toronto has reached out to Lindahl’s staff for remark.