According to RE/MAX, the decision comes from US District Court for the Southern District of Texas in Houston, which ruled on September 3, reaffirming that the red-over-white-over-blue design is a protected trademark.

“In addition to the victory in this case, the judge’s ruling will serve as a very important precedent for us to use against any future infringement of our red-over-white-over-blue bar design,” RE/MAX Senior Vice President and Chief Legal Officer Geoff Lewis said.

“We made many attempts to get Trend Setter to settle with us and to change their sign before the case proceeded, but they refused,” Lewis added.

RE/MAX International filed the suit in 2007. In addition to trademark infringement, the action claimed use of the sign violated the Independent Contractor Agreement that Broker Deborah Miller had with RE/MAX Elite, which she left to help found Trend Setter Realty. The judge ruled in favor of RE/MAX on both counts.

As part of its written argument on the trademark issue, RE/MAX International commissioned a consumer survey to determine if the public would be confused about which company owned the sign in question.

Over 25% of survey participants thought the Trend Setter sign belonged to RE/MAX or a company affiliated with RE/MAX, even though their sign does not contain a balloon and modifies the white bar into the shape of a roofline.

RE/MAX International has submitted a recommended order that would direct Trend Setter to completely change the look of its signs, or risk being held in contempt of court. The court ruling did not address the question of damages.

RE/MAX has asked the court whether it wishes to review additional briefs or proceed to a trial to resolve that issue.

RE/MAX was founded in 1973 by Dave and Gail Liniger. From a single office in Denver, Colorado, it has grown into a global network of nearly 100,000 Sales Associates working in 7,000 offices in more than 70 countries.