The lawsuit, filed on August 12, alleges that Canada-based Golfi Realty’s Rob Golfi attended a “Campaign for Convenience” seminar presented by Lindahl, after which his “arms outstretched” pose effectively claims to have created and published a series of similar advertisements.
“It’s an interesting case because it’s in the relatively new field of gestures and what something looks like as a trademark,” Twin Cities patent attorney Tom Huang told FOX 9’s Babs Santos on Monday. Phung is not involved in the lawsuit, but Lindahl has a strong case because people perceive his brand as “he cares about protecting his brand.” I believe there is
As a requirement to attend the speech, Golfi signed a written agreement prohibiting him and his representatives from using Lindahl’s proprietary concepts, materials and intellectual property without permission. Lindahl now claims breach of contract and willful infringement.
according to Trademark application filed on June 25Lindahl’s pose “consists of a depiction of a human being shown from the chest up, smiling and looking straight ahead, arms outstretched slightly higher than perpendicular to the torso, fingers spread. ”
Chris Lindahl Real Estate, known throughout the Twin Cities for the signature pose he’s trying to make his trademark, is suing another real estate broker for striking a pose that’s too similar.
A trademark application with the US Patent and Trademark Office is still pending.
According to the lawsuit, “Minnesotans can’t drive through the Twin Cities without seeing billboards and bus ads with Lindahl in his signature ‘arms outstretched’ pose. Radio, television, airlines, public transportation, and other types of print advertising” were the result of “tremendous amounts of time, energy, and capital.”
According to the lawsuit, when confronted with ongoing violations and infringement of valuable intellectual property, “Golfi Realty did not question whether Mr. Golfi actually signed the seminar agreement and whether he attended the seminar. Disguised as confusion.”
In a statement Monday, Lindahl wrote:
“This lawsuit concerns breach of contract and copyright infringement resulting from videos and other intellectual property stolen from Kris Lindahl Real Estate by the defendants. It also violates agreements prohibiting signed copies, in which case legal action is a last resort and is the result of our repeated requests and efforts to resolve the situation outside of court. We have filed this lawsuit to demonstrate the efforts our team has put into successful marketing. Protect your store.”
This pose is so distinctive, should it be trademarked? Chris Lindahl is trying to find out.
According to Lindahl, Golfi Realty’s infringement has caused “irreparable and immeasurable damage with each passing day.”
“Based on my experience, I think they will eventually settle out of court. But if he wins, there will be more agents out there.” [trying] To establish our own brand,” says Phung.
September 2021 appears to be Golfi Realty’s first example of using the “arms outstretched” pose on social media.
FOX 9 reached out to Golfi Realty for comment.