InsideRE’s use of the phrase “bold” and the colour purple in a rebrand of the product previously often known as kvCORE make its branding “confusingly similar” to KW’s BOLD product, the corporate claimed.
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Keller Williams Realty Inc. has alleged in a lawsuit that InsideRE’s new BoldTrail branding, which changed branding for kvCORE, infringes upon KW’s personal BOLD Marks branding and has allowed the corporate to unfairly revenue from KW’s established model.
The lawsuit was filed on Jan. 15, 2025, in U.S. District Courtroom for the Western District of Texas, Austin Division.
InsideRE knowledgeable Inman in June 2024 that it had rebranded its kvCORE actual property enterprise software program to BoldTrail, a model identify that may apply to the corporate’s assortment of purposes, which embody software program that helps CRMs, digital advertising and marketing and shows, itemizing promotion, transaction administration and extra.
The transfer got here after InsideRE acquired plenty of firms in recent times — together with that of BoomTown in early 2023 — and confronted advertising and marketing challenges in consequence. The identify was partially impressed by InsideRE’s perception that “real estate is not for the timid, and that it wants to be a strong partner in tough times,” Inman tech columnist Craig C. Rowe wrote on the time.
Along with utilizing the phrase “bold” in its identify, the branding of InsideRE’s product additionally incorporates a purple shade in some iterations, a shade that KW makes use of closely in its personal BOLD Marks product branding. Such resemblances make InsideRE’s product advertising and marketing “confusingly similar” to KW’s advertising and marketing of a really related product, the true property franchise claimed.
A spokesperson for Keller Williams informed Inman that the lawsuit was filed “to put an end to Inside Real Estate’s wrongful use of our BOLD trademark suite of offerings.”
“Since 2009, KWRI BOLD and BOLD LEADERSHIP have been distinctive and well-known services that lead the industry in providing real estate consulting services, and real estate professional education and development services. Inside Real Estate has since copied these industry-leading offerings with the rebranding of similar offerings, namely Bold Academy and Bold Trail, in 2024. This intentional trademark infringement has confused the marketplace, and is a blatant attempt to capitalize on the success and goodwill of the KW brand.”
InsideRE didn’t instantly reply to Inman’s request for remark.
The lawsuit notes that KW has used its BOLD manufacturers since as early as 2009 to supply actual property consulting companies, skilled schooling and improvement companies to actual property professionals.
“As a result of KWRI’s extensive advertising, sound business practices, and operations, KWRI has established strong relationships with those who have come to recognize and respect the services provided by KWRI and the services identified with the KWRI BOLD Marks,” the lawsuit states.
“Defendant’s decision to rebrand this competing product to BoldTrail, a trademark that is confusingly similar with KWRI’s BOLD Marks, appears intended to capitalize on KWRI’s success and goodwill in the marketplace,” it provides.
KW’s counsel despatched InsideRE a letter to stop and desist its use of its new BoldTrail branding on Nov. 5, 2024, the lawsuit states, which was responded to with a refusal from InsideRE’s counsel.
After that alternate, nonetheless, InsideRE CEO Joe Skousen emailed KW founder Gary Keller to schedule a dialog over the branding concern, in keeping with the lawsuit.
“KWRI replied to Mr. Skousen on several occasions to schedule a meeting but did not receive any response,” the lawsuit alleges. “During that time, as noted above, Defendant has introduced additional offerings — apparently using delay in resolving this matter as a tactic to continue and expand its infringing activities, despite the fact that Defendant has been on notice of its infringement for months.”
KW has requested an injunction towards InsideRE for “further use of the KWRI BOLD Marks” and financial reduction in an quantity to be decided at trial, in addition to courtroom prices, lawyer’s charges and different associated bills.
