Century 21 Real Estate Corporation, a Delaware Corporation v. Billy Sandlin, an Individual, Dba Century Investments & Realty, Defendant

ORDER

The memorandum disposition filed February 25, 1988, is redesignated as an authored opinion by Judge Fletcher.

OPINION

This is a trademark infringement and dilution action brought by Century 21 against one of its former real estate franchisees, Billy Sandlin. Upon termination of the franchise agreement, Sandlin changed the fictitious name under which he did business from “Century 21 Estates” to “Century Investments & Realty.” The district court granted summary judgment to Century 21 and permanently enjoined Sandlin from using the new name. We affirm.

FACTS AND PROCEEDINGS BELOW

Century 21 operates a system of independently owned, franchised real estate brokerage offices throughout the United States and abroad. Its service mark “Century 21” is registered in the United States Patent and Trademark Office, which is pri-ma facie evidence of Century 21’s ownership and exclusive right to use the mark in commerce without restriction or limitation. Century 21 also owns several California service mark registrations. More than 6000 independently owned brokerages use the Century 21 trademarks, service marks, and trade name, and collectively advertise nationwide in print and…