3 minute read
Darryl Davis Seminars Inc. has filed a multi-million dollar federal trademark infringement lawsuit against Epique Realty, accusing the virtual brokerage of unlawfully using the POWER AGENT® brand in its nationwide operations, according to an announcement on Thursday.
The complaint, filed in the U.S. District Court for the Southern District of New York, alleges that Houston-based Epique Realty adopted the POWER AGENT name and “built an entire brand architecture around it” despite being put on notice and asked to stop, according to the announcement.
Darryl Davis Seminars is seeking injunctive relief to bar Epique from using the POWER AGENT mark, disgorgement of profits, treble damages for alleged willful infringement and attorney’s fees.
In addition to Epique Realty, the lawsuit also lists Joshua Miller, Janice Delcid, Christopher Miller, XYZ Corps 1-10 and John and Jane Does 1-10 as defendants.
Darryl Davis Seminars says it has used the POWER AGENT mark continuously since 1993 through The POWER Program, which it describes as the real estate industry’s oldest and longest-running agent training and coaching platform.
“Our members identify as POWER AGENTS,” said Darryl Davis, CSP, CEO and founder of Darryl Davis Seminars. “It stands for a particular standard of integrity, honesty and a commitment to serving people, not selling to them. They carry that designation into their markets. They are listed in the national referral directory and follow a Code of Ethics. When someone takes that name and uses it to mean something else, our members feel it. And so do I.”
Prior enforcement included Zillow’s rebrand to Premier Agent
Darryl Davis Seminars said it has enforced its POWER AGENT trademark “dozens of times” and claims to have prevailed in every instance. One cited example is a prior challenge to Zillow, which initially launched its agent advertising program under the “Power Agent” name before rebranding it as “Premier Agent.”
The company frames Zillow’s subsequent growth of Premier Agent under a different name as evidence of the strength and enforceability of the POWER AGENT mark.
“Every time we’ve had to defend this mark, we’ve won, and each time our rights have only gotten stronger,” Davis said in the announcement. “We are confident the courts will rule in our favor again. We will always fight for this brand. Always. Any company that uses POWER AGENT without our authorization knows we will aggressively defend our ownership, and we will win. That’s more than a prediction; it’s a track record.”
Epique Realty did not immediately return HousingWire’s request for comment regarding the allegations.
This article was written by Brooklee Han and generated with the assistance of HousingWire Automation, then reviewed by a HousingWire editor before publication.
