The lawsuit alleges that Rob Golfi of Canada-based Golfi Realty attended a “Campaign for Convenience” seminar presented by Lindahl and then posted a series of advertisements that substantially resembled his “arms outstretched” pose. It claims to have been created and published.
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. ”
A trademark application with the US Patent and Trademark Office is still pending.
This pose is so distinctive, should it be trademarked? Chris Lindahl is trying to find out.
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.”
According to Lindahl, Golfi Realty’s infringing actions are causing “irreparable and immeasurable damage with each passing day.”
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.