Mr. Miner has for a long time [since 2003] put Re/Max All Cities Realty, a.K.A. Re. Max Beach Cities Realty, a.K.A. Re/Max Marquee Realty [herin called Re/Max] on notice of their infringment of his Copyrighted and Trade Marked name of All Cities Realty. He made several attempts to have Re/max remove the name, but the Owner, Kelli Todd, refused to do so.in July he began a court action lawsuit to force Re/Max to cease and decist from this practice... And also brought lawsuit to the 1700 Agents, independent contractors, that also worked there or had worked there.
I do not have a problem with Mr. Miner's action, however he should be focused on the decision makers that have promoted the use of his intelectual rights, not those who had no decision making capacities. I am one of the Agents that chose to have Re/Max hold my Real Estate License, while I practiced Real Estate. I signed a contract with Re/Max when I started with them in 1991. The contract is mosly typical with standard California Association of Realtors format, and specific addendums as to the Broker/Agent costs. No where in that agreement did it provide me the right to submit my decision making ability to determine the direction of the company or decisions that the Founder, President, Legal Council, Managers, or others who participated in the sterring influence of the Company.
I was with Re/Max Beach Cities Realty from 1991 to about 6 FEB. At that time I chose to change companies. I moved to a smaller Real Estate firm about 2 blocks down the street from Re/Max. My change was so documented with the South Bay Board of Realtors, The Multiple Listing Service [MLS], and The California Department of Real Estate. Anyone who would have wanted to contact me could have done so just by looking in any of these three location. On about 6 JUL I understand that there were appx. 865 summons delivered to the Re/Max Offices on Sepulveda Blvd., Manhattan Beach. I also understand that they were signed and accepted by Gina Smear. I was no longer at Re/Max at this time, and this summons was never forwarded to me or otherwise attempted to be deliverd to me, nor was I notified of any such delivery of a summons bearing my name. I was unknown as to what was happening. It was not until 22 DEC as I had just 'Googled' my name on the internet, and discovered that I was being sued. Let me point out that in AUG I left real estate and California and moved back East.
Upon discovery of my being sued, I placed a phone call to Joseph Miner to begin explaining why I was being sued. He said I had openly violated his intelectual properties by using the All Cities Realty name. I explained to him that I only used the Re/Max Beach Cities name in all of my business while I worked at that firm. He insisted that I was responsible for using the All Cities name, and I was totally befuddled.
I had been working a few part time jobs during my East Coast adventure, and was having difficulty securing a full time position. I then began realizing that if I were an employer, in today's highly open and public information readily available society, I too would 'Google' the name of a potential employee to see if there is any negative information posted on them on the internet. [I guess 'Big Brother' is really here].
I did what I thought was my best reaction to this news that I was being sued, and I consulted the California Superior Court website and secured a form that read "Dismissal Form". I filled out the form and sent to the Court House for recording. I have e-mail confirmation of it's delivery with in a 30 day time frame from my knowledge of a summons being served. I have also, since then discovered that the form I used was for the Plaintiff, and not the defendant. My error.
I also have been watching Mr. Miner's blog on the internet to be apprised of the date of the Court Trial, as I did not want to miss defending my position. The big news was that the trial was to be in JULY. I packed up all that I had into my auto and drove back to California to be available for the trial. I then noticed that the trial was again postponed to November and then January and now, it may never happen, as it is still stayed. I believe that these delays are attributed to Kelli Todd, who has filed Bankruptcy in an effort to be less vulnerable in the case of a guilty verdict, and maybe need some time to shelter her dollars, and once by Mr. Miner who claims his witness was ill. Seems those that have the dollars to spend on well paid Attorneys hold all the cards in this fiasco. Needless to say, these delays are costly to me, and maybe several others of the 1700 being sued, espicially if they fall into my category.
I do think that the only potential evidence that Mr. Miner may have against me are the items that, I, as an Agent have no control or ability to change.in or about 2003 Kelli Tood, the Owner of Re/Max began the change of Re/Max Beach Cities Realty to Re/Max All Cities Realty. We, the Agents were told that we could go on using the Beach Cities name. I chose to do so, as my Clients recognized the name and it was already on all of my signs, business cards, stationary, and everything related to real estate. I also knew the market was in the '7' year cycle, where it begins it's cyclical trend. I knew at the next down turn I would be relocating. 2006 began just like 1989, and I could sense the upcoming downturn would be right behind this gusher of activity, and began planning my steps to departure. I had just a few clients to service, and then I would leave. Thus my move to a smaller real estate firm and when my businss dried up, I would leave for parts East.
Little did I know this lawsuit was in work. No one informed me of any of this. There had been some talk about a lawsuit at the office meetings when I was still at Re/Max, but management would speak at the office meetings and say there was no problem and they were taking care of it, but never really gave details or reasons for any lawsuits. It was standard operating procedures, as Re/Max had been involved in lawsuits as far back as the time I had joined the firm, and none of them ever affected me.
One possibility of me being associated with this lawsuit is the fact that during the period when the Owner and Management decided to change the name of the Company to Re/Max All Cities Realty, they also change the banner on the advertising section of the Beach Reporter to read, " Re/Max All Cities Realty". One of the reasons to be a part of Re/Max was to have advertising discounts with bulk purchasing, so the Company agreed to have such advertising for Agents. We, the Agents would sign up and buy a block, and submit our copy to the newspaper. We had no chioce as to what the banner read, as that decision was left to Management. I guess in that time period I did run advertisements under the Re/Max All Cities banner.
The other possibility when my name may be associated with the Re/Max All Cities name is on the Company website. Again, I have no choice as to what the website has on it, with respect to the Company name. These are the only places where I have had any exposure with my name and the Re/Max All Cities name. If there were any other locations where my name appeared using the All Cities name, I most likely had no knowledge or ability to have the Beach Cities name instituted in lieu of the All Cities name, or I would have done so.
As of my typing in this brief historical explaination on this 13 Day of March there is still no trial date in sight. I have spent all the cash I have, and have no job and, based on Mr. Miner's posting that "JOHN TROMBETTI IS Being sued", I don't think I will ever get a job, as I had mentioned above. I am currently indigent. I have talked to an Attorney who has suggesteed that I file an exparte action with a court order. I do not have the appx. $400.00 to pay a paralegal to prepare such a document to bring Mr. Miner to trial and settle this dispute between him and me, and to get the internet blurb that I am being sued removed so I can secure a job. After about 2000 resumes sent, I think I would have had at least a few opportunities, don't you?
Mr. Miner's actions, although protected by the First Amendment, have had astonishing effects on my ability to secure employment. I am not the one he should be sueing, as I am the proverbial 'innocent bystander'. Mr. Miner could have been a bit more direct in his lawsuit, but his actions demonstrate that he is a vindictive in his ruthless prusuit of justice, and does not have any concerns but for himself, such as a mad dog.
Seriously, would you do business with a man like this?
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