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Century 21 Real Estate LLC v. Destiny Real Estate Properties LLC et al

Century 21 Real Estate has filed a complaint against Destiny Real Estate Properties, formerly doing business as Century 21 Destiny Real Estate, and owner Daniel Sutton.

The two companies entered a franchise agreement in 1999.  The agreement was renewed in 2007 and was set to extend through 2017.  In March, 2011, a franchise agreement between the two companies was terminated due to a failure by Destiny to pay royalties.  Despite this termination, Destiny is alleged to have, against prior franchise agreements, “continued to flagrantly use the CENTURY 21® Marks to induce the public to use real estate services provided by their real estate brokerage office under the guise of a continuing association with Century 21…”

As of this post, the Destiny Real Estate website is still using the Century 21 logo and still displays the company’s former name, Century 21 Destiny Real Estate.

Court Case Number: 4:11-cv-00038-JD -APR
File Date: Wednesday, July 06, 2011
Plaintiff: Century 21 Real Estate LLC
Plaintiff Counsel: Ryan T. Brown of Gordon & Rees LLP
Defendant: Destiny Real Estate Properties LLC, Daniel Sutton
Cause: Trademark Infringement, False Designation of Origin/False Advertising, Trademark Dilution, Common Law Unfair Competition, Breach of Contract: Franchise Agreement, Breach of Contract – Personal Guaranty, Audit Demand/Accounting, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Andrew P. Rodovich