Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

A-1 Mortgage Corp. v. Day One Mortgage

January 3, 2007

A-1 MORTGAGE CORPORATION, PLAINTIFF,
v.
DAY ONE MORTGAGE, LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

Electronically Filed

Memorandum Opinion

I. Introduction

This is an action for trade mark/trade name infringement. Plaintiff, A-1 Mortgage Corporation, alleges that defendants violated the Lanham Act, 15 U.S.C. § 1125(a), by causing confusion and/or the likelihood of confusion with plaintiff's trade name and trade marks. Plaintiff seeks a permanent injunction as well as damages, attorney's fees and costs. Currently pending before this Court is plaintiff's motion for summary judgment, with supporting brief (doc. nos. 67 and 68). For the reasons that follow, this Court will grant plaintiff's motion for summary judgment (doc. no. 67).

II. Factual Background

The facts, as set forth in plaintiff's motion for summary judgment, are as follows:*fn1

1. A-1 Mortgage is a Pennsylvania Corporation, which provides mortgage brokerage and financial services.

2. A-1 Mortgage is the exclusive owner of the trademark, "A-1 Mortgage," which is registered for the provision of mortgage brokerage and financial services under Pennsylvania Trademark Registration No. 3011052.

3. A-1 Mortgage provides mortgage brokerage and financial services to consumers under the trade names "A-1," "A-1 Mortgage" and "A-1 Mortgage of Cranberry."

4. Continuously since April 1996, A-1 Mortgage has provided mortgage brokerage and financial services under the above trade names to the targeted markets of Cranberry Township and the Pittsburgh metropolitan area of Western Pennsylvania.

5. Since April 1996, Plaintiff has expended in excess of four million dollars promoting its name and services through extensive advertising, including radio, television, print, and on the internet.

6. A-1 Mortgage has an internet presence through a website registered to A-1 Mortgage. The website serves several integral functions: (1) it provides information about A-1 Mortgage to the internet-using public, (2) it enables consumers to complete forms to apply for mortgages through A-1 Mortgage on the internet, and (3) it allows consumers to receive e-mail responses to their applications.

7. A-1 Mortgage has advertised in other states and the media forms used by A-1 Mortgage's advertising cross state lines.

8. A-1 Mortgage has become widely known to mortgage consumers and in the mortgage brokerage industry beyond the boundaries of the Western District of Pennsylvania and the Commonwealth of Pennsylvania, primarily through the use of various forms of media, including radio and cable television advertising, as well as its internet presence.

9. A-1 Mortgage provides quality mortgage brokerage and financial services to the mortgage consuming public at large, and A-1 Mortgage has become known as a provider of quality mortgage brokerage and financial services in the Western Pennsylvania area, in neighboring states, and on the internet..

10. A-1 Mortgage intends to continue marketing its name and services and to continue to provide quality mortgage brokerage services to consumers through the trademark and trade names, "A-1 Mortgage," "A-1," and "A-1 Mortgage of Cranberry" indefinitely.

Defendant Goldblum's employment with A-1 Mortgage Corporation

11. Defendant Zur Goldblum (hereinafter, "Goldblum") was a previous independent contractor/employee of A-1 Mortgage.

12. Goldblum was present in plaintiff's offices on a daily basis and had significant knowledge of the business of A-1 Mortgage, including office policies and procedures, clients and customer lists, sources of lending leads, lenders, and A-1 Mortgage's advertising and promotional campaigns, upon which his success as a mortgage broker depended in large part.

13. Goldbum was aware of the location of, and had access to, case files, customer lists, and other confidential and proprietary documents belonging to A-1 Mortgage Corporation within A-1's offices.

14. Goldblum also knew that "A-1 Mortgage" is a trademark belonging to A-1 Mortgage Corporation and that the company regularly advertised and presented itself to the public as "A-1 Mortgage."

15. Additionally, Goldblum knew that A-1 Mortgage was engaged in litigation to protect its trademark and trade names from infringement by another mortgage brokerage located in Western Pennsylvania.

16. In or about July, 2004, a civil suit was filed against A-1 Mortgage Corporation by Errika Wilford alleging various improprieties in her loan documents.

17. During the arbitration of that case on February 8, 2005, A-1 Mortgage became aware that Goldblum had knowingly falsified loan documents, resulting in Ms. Wilford's mortgage application being rejected by the lender, and Goldblum has admitted to the knowing falsification of Erikka Wilford's loan application.

18. As a result of Goldblum's actions, judgment was entered that same day against A-1 Mortgage Corporation and in favor of Errika Wilford. As such, Goldblum knew that his days at A-1 Mortgage Corporation were numbered.

Defendant Goldblum's plan to wrongfully use the A-1 Mortgage Name

19. Approximately two weeks after the conclusion of the Wilford litigation, on February 24, 2005, Goldblum registered the domain name "firstdaymortgage.com" in anticipation of his departure from A-1 Mortgage.

20. Goldblum then proceeded to surreptitiously copy and remove confidential and proprietary materials from A-1 Mortgage without permission, including confidential customer information and records.

21. Goldblum copied and took the documents for his own personal benefit without the permission of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.