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Hamilton realtor says Minnesota agent’s trademark infringement claim ‘ridiculous’

Minnesota-based real-estate agent Kris Lindahl has filed a breach of contract and copyright infringemt law suit against Hamilton-based realtor Rob Golfi in connection with an “arms outstretched” pose in numerous marketing campaigns. krislindahlre / golfiteam / Instagram

Hamilton and area realtor Rob Golfi is characterizing a lawsuit filed against him by a Minnesota real estate mogul for trademark infringement and breach of contract as “crazy” and “ridiculous.”

Golfi of Re/Max Escarpment Golfi Realty Inc. told 900 CHML’s Rick Zamperin in a recent interview he hasn’t done anything wrong in using an “arms wide open” campaign on social media and local billboards, suggesting it was not exclusive concept.

“So a lot of people are using it, but because I use it to the extreme, that’s why I’m the target,” Golfi said.

Read more: Hamilton-Burlington realtors say home sales off about 36% from July 2021

“It’s ridiculous, … and I know this guy is more about the publicity of it, and that’s his gain.”

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Kris Lindahl Real Estate (KLRE) filed the claim on Aug. 12 suggesting Golfi had stolen “intellectual property.”

The most “egregious” claim stems from Lindahl’s 2019 election campaign spoof advertisement in which he’s surrounded by American flags in an apparent cable news broadcast setting.

Following a patriotic-like address to the camera plugging a “campaign of convenience” guaranteeing offers on homes in 48 hours or less, Lindahl ends it with his arms in an outreached pose.

You Tube / Instagram

A claim filed against Hamilton realtor Rob Golfi alleges an ‘egregious’ copyright infringement pertains to a 2019 election campaign video spoof which Minnesota-based realtor Kris Lindahl suggests was plagiarized from his agency’s media campaign.

Golfi made a social media video in 2021 which also used an apparent cable news-like setting with a similar “campaign of convenience” also guaranteeing offers on homes in 48 hours or less.

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Lindahl’s filing in relation to the video suggests intellectual property was “plagiarized” from KLRE by the defendant.

“Doing so is not only against the law but also breached a contract the defendant signed with us not to copy our intellectual property,” the claim said.

Lindahl’s latter accusation stems from an online marketing seminar he says he hosted in May 2021 in which Golfi admitted he participated.

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According to Lindahl’s filing, prior to the forum he had Golfi sign an agreement that prohibits “unauthorized use or distribution of the proprietary concepts, materials, and intellectual property” from the seminar.

When confronted with the alleged infringement, KLRE contests Golfi “feigned confusion” about whether he in fact signed an agreement and whether he attended the seminar.

“Golfi Realty also backtracked on Mr. Golfi’s admission to Mr. Lindahl that it copied KLRE’s protected works and promised to stop doing so,” the filing says.

“Golfi Realty’s breaches and acts of infringement continue, causing irreparable and immeasurable harm to KLRE’s brand with each passing day.”

Read more: Hamilton listings experienced double-digit per cent rent increases for 1, 2 bedrooms in July 2022

Lindahl does not officially have a trademark for his so-called “Lindahl’s pose” but did file with the U.S. Patent and Trademark Office a detailed description of the display in July.

That request is pending.

However, Golfi says it’s of little issue since his trademark lawyer in Burlington told him Lindahl is unlikely to get coverage in Canada due to the fact he doesn’t do business in the country.

Golfi suggests the matter is simply a PR stunt that potentially could backfire on Lindahl.

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I mean, it’s my face, it’s my arms. It has nothing to do with what he looks like or what it is,” Golfi said. “We’re totally in different countries. I can’t see why he’s worried about it.”

Global News has reached out to Kris Lindahl Real Estate for comment, but has yet to receive a response as of the publishing of this post.

Rob Golfi is the host of the Golfi Real Estate Show on 900 CHML Saturday mornings.

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