Vivek Jayaram of the Jayaram Law Group, LTD. obtained a permanent injunction on behalf of the firm’s client, Flats Chicago, LLC (“Flats”), and against Three Corners Development, Inc. (“Three Corners”) in a trademark action filed in the United States District Court for the Northern District of Illinois.
As alleged in the Complaint, Flats began using the trademark Flats in connection with real estate development services in 2012. Flats’ real estate properties in Chicago bearing the Flats trademarks include: 4875 N. Magnolia, 1020 W. Lawrence, , 1325 Wilson, 5718 N. Winthrop, 5411 N. Winthrop, 5051 N. Kenmore, 4875 N. Magnolia, and 6134 N. Kenmore. Flats has received national acclaim for years, as reflected in media outlets such as Bloomberg, Bravo TV, Crain’s Business, Chicago Sun-Times, Chicago Home & Garden, and Renovation Style. Co-branding synergies with national retailers such as CB2 (Crate and Barrel) and others have further propagated the Flats brand, including the distinctive Flats trademarks.
According to an article published in DNA Info on April 1, 2015, Three Corners was scheduled to begin construction of a project branded “The Flats on Devon” on or about April 14, 2015 and is scheduled to finish the three-story buildings – at 1244 and 1301 W. Devon Ave. and 6539 N. Wayne Ave. – in October of 2015. The Complaint alleges that the Three Corners’ properties bearing the infringing uses of the Flats Marks are located approximately one mile from the Flats properties (and, in some cases, less than a mile). Following the publishing of this article, Flats began receiving phone calls from confused individuals and consumers looking for information about “its new project” on Devon, mistakenly and confusingly believing that Flats was the developer of the Devon property (rather than TCD, the real developer).
Following these instances of confusion, Flats brought suit in Federal Court for trademark infringement against Three Corners. Upon Mr. Jayaram’s request, the District Court on May 20, 2015 subsequently entered an order for Permanent Injunction enjoining Three Corners from further use of the Flats Trademarks.
Jayaram Law Group, LTD. represents companies around the world in prosecuting and enforcing their trademarks and other intellectual property.