On behalf of Marcus Beck, Cislo & Thomas successfully brought a motion to dismiss Plaintiff’s claims for infringement of the alleged trade name “Malibu Estates.” Plaintiff alleged that he had exclusive rights to the name “Malibu Estates” for the sale of real estate in Malibu, California. Cislo & Thomas argued that “Malibu Estates” was invalid as a trade name because it was geographically descriptive and lacked secondary meaning. The Court agreed and dismissed the complaint ruling that Plaintiff had failed to plead facts sufficient to show that he had a valid and protectable interest in the alleged trade name.
Adam Weintraub v. Sotheby’s International Realty, Inc. and Marcus Beck
