Complaint Review: All Cities Realty, Joseph A. Miner - Costa Mesa California
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- Author Confirmed
- All Cities Realty, Joseph A. Miner 2576 Newport Boulevard, Costa Mesa, CA 92627 Costa Mesa, California United States of America
- Phone: 9496464466
- Web: http://www.allcitiesrealty.com/
- Category: News Media
All Cities Realty, Joseph A. Miner , Joseph Miner He is suing me for Trademark Infringment Costa Mesa, California
*General Comment: Relax: The National Association of Realtors is defending the agents
*Author of original report: Mr. Miner has lost his bid to sue Re/Max Agents . . .
*Author of original report: let ALL the truth be known . . .
*REBUTTAL Owner of company: John you are completely misguided
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Mr. Miner has for a long time [since 2003] put Re/Max All Cities Realty, a.k.a. Re.Max Beach Cities Realty, a.k.a. Re/Max Marquee Realty [herin called Re/Max] on notice of their infringment of his Copyrighted and Trade Marked name of All Cities Realty. He made several attempts to have Re/max remove the name, but the Owner, Kelli Todd, refused to do so. In July 2006, he began a court action lawsuit to force Re/Max to cease and decist from this practice. . . and also brought lawsuit to the 1700+ Agents, independent contractors, that also worked there or had worked there.
I do not have a problem with Mr. Miner's action, however he should be focused on the decision makers that have promoted the use of his intelectual rights, not those who had no decision making capacities. I am one of the Agents that chose to have Re/Max hold my Real Estate License, while I practiced Real Estate. I signed a contract with Re/Max when I started with them in 1991. The contract is mosly typical with standard California Association of Realtors format, and specific addendums as to the Broker/Agent costs. No where in that agreement did it provide me the right to submit my decision making ability to determine the direction of the company or decisions that the Founder, President, Legal Council, Managers, or others who participated in the sterring influence of the Company.
I was with Re/Max Beach Cities Realty from 1991 to about 6 FEB 2006. At that time I chose to change companies. I moved to a smaller Real Estate firm about 2 blocks down the street from Re/Max. My change was so documented with the South Bay Board of Realtors, The Multiple Listing Service [MLS], and The California Department of Real Estate. Anyone who would have wanted to contact me could have done so just by looking in any of these three location. On about 6 JUL 2006, I understand that there were appx. 865 summons delivered to the Re/Max Offices on Sepulveda Blvd., Manhattan Beach. I also understand that they were signed and accepted by Gina Smear. I was no longer at Re/Max at this time, and this summons was never forwarded to me or otherwise attempted to be deliverd to me, nor was I notified of any such delivery of a summons bearing my name. I was unknown as to what was happening. It was not until 22 DEC 2008, as I had just 'Googled' my name on the internet, and discovered that I was being sued. Let me point out that in AUG 2007, I left real estate and California and moved back East.
Upon discovery of my being sued, I placed a phone call to Joseph Miner to begin explaining why I was being sued. He said I had openly violated his intelectual properties by using the All Cities Realty name. I explained to him that I only used the Re/Max Beach Cities name in all of my business while I worked at that firm. He insisted that I was responsible for using the All Cities name, and I was totally befuddled.
I had been working a few part time jobs during my East Coast adventure, and was having difficulty securing a full time position. I then began realizing that if I were an employer, in today's highly open and public information readily available society, I too would 'Google' the name of a potential employee to see if there is any negative information posted on them on the internet. [I guess 'Big Brother' is really here].
I did what I thought was my best reaction to this news that I was being sued, and I consulted the California Superior Court website and secured a form that read "Dismissal Form". I filled out the form and sent to the Court House for recording. I have e-mail confirmation of it's delivery with in a 30 day time frame from my knowledge of a summons being served. I have also, since then discovered that the form I used was for the Plaintiff, and not the defendant. My error.
I also have been watching Mr. Miner's blog on the internet to be apprised of the date of the Court Trial, as I did not want to miss defending my position. The big news was that the trial was to be in JULY 2009. I packed up all that I had into my auto and drove back to California to be available for the trial. I then noticed that the trial was again postponed to November and then January and now, it may never happen, as it is still stayed. I believe that these delays are attributed to Kelli Todd, who has filed Bankruptcy in an effort to be less vulnerable in the case of a guilty verdict, and maybe need some time to shelter her dollars, and once by Mr. Miner who claims his witness was ill. Seems those that have the dollars to spend on well paid Attorneys hold all the cards in this fiasco. Needless to say, these delays are costly to me, and maybe several others of the 1700+ being sued, espicially if they fall into my category.
I do think that the only potential evidence that Mr. Miner may have against me are the items that, I, as an Agent have no control or ability to change. In or about 2003 Kelli Tood, the Owner of Re/Max began the change of Re/Max Beach Cities Realty to Re/Max All Cities Realty. We, the Agents were told that we could go on using the Beach Cities name. I chose to do so, as my Clients recognized the name and it was already on all of my signs, business cards, stationary, and everything related to real estate. I also knew the market was in the '7' year cycle, where it begins it's cyclical trend. I knew at the next down turn I would be relocating. 2006 began just like 1989, and I could sense the upcoming downturn would be right behind this gusher of activity, and began planning my steps to departure. I had just a few clients to service, and then I would leave. Thus my move to a smaller real estate firm and when my businss dried up, I would leave for parts East.
Little did I know this lawsuit was in work. No one informed me of any of this. There had been some talk about a lawsuit at the office meetings when I was still at Re/Max, but management would speak at the office meetings and say there was no problem and they were taking care of it, but never really gave details or reasons for any lawsuits. It was standard operating procedures, as Re/Max had been involved in lawsuits as far back as the time I had joined the firm, and none of them ever affected me.
One possibility of me being associated with this lawsuit is the fact that during the period when the Owner and Management decided to change the name of the Company to Re/Max All Cities Realty, they also change the banner on the advertising section of the Beach Reporter to read, " Re/Max All Cities Realty". One of the reasons to be a part of Re/Max was to have advertising discounts with bulk purchasing, so the Company agreed to have such advertising for Agents. We, the Agents would sign up and buy a block, and submit our copy to the newspaper. We had no chioce as to what the banner read, as that decision was left to Management. I guess in that time period I did run advertisements under the Re/Max All Cities banner.
The other possibility when my name may be associated with the Re/Max All Cities name is on the Company website. Again, I have no choice as to what the website has on it, with respect to the Company name. These are the only places where I have had any exposure with my name and the Re/Max All Cities name. If there were any other locations where my name appeared using the All Cities name, I most likely had no knowledge or ability to have the Beach Cities name instituted in lieu of the All Cities name, or I would have done so.
As of my typing in this brief historical explaination on this 13 Day of March 2010, there is still no trial date in sight. I have spent all the cash I have, and have no job and, based on Mr. Miner's posting that "JOHN TROMBETTI IS Being sued", I don't think I will ever get a job, as I had mentioned above. I am currently indigent. I have talked to an Attorney who has suggesteed that I file an exparte action with a court order. I do not have the appx. $400.00 to pay a paralegal to prepare such a document to bring Mr. Miner to trial and settle this dispute between him and me, and to get the internet blurb that I am being sued removed so I can secure a job. After about 2000 resumes sent, I think I would have had at least a few opportunities, don't you?
Mr. Miner's actions, although protected by the First Amendment, have had astonishing effects on my ability to secure employment. I am not the one he should be sueing, as I am the proverbial 'innocent bystander'. Mr. Miner could have been a bit more direct in his lawsuit, but his actions demonstrate that he is a vindictive in his ruthless prusuit of justice, and does not have any concerns but for himself, such as a mad dog.
Seriously, would you do business with a man like this?
This report was posted on Ripoff Report on 03/13/2010 03:39 PM and is a permanent record located here: https://www.ripoffreport.com/reports/all-cities-realty-joseph-a-miner/costa-mesa-california-92627/all-cities-realty-joseph-a-miner-joseph-miner-he-is-suing-me-for-trademark-infringmen-580637. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#4 General Comment
Relax: The National Association of Realtors is defending the agents
AUTHOR: dr. neeman - ()
SUBMITTED: Thursday, November 13, 2014
http://www.realtor.org/articles/six-cases-selected-for-legal-action-funding
NAR provided funding of $363,667.55 in six cases for which assistance was requested, as follows (this case was one of them):
- All Cities Realty, Inc. v. Brunet, et al. (CA). The owner of the trademark "All Cities Realty" sued 1,200 real estate brokers and agents affiliated with Re/Max All Cities Realty for directly infringing Plaintiff's trademark. The firm name Re/Max All Cities Realty was registered with the California DRE and the affiliated brokers and agents used the firm name as required by California license law. The issue presented is whether agents can be held individually liable for trademark infringement where the firm's name includes a third party's registered trademark. The agents' motion to dismiss was granted by the trial court but the California Court of Appeals reversed and held that the plaintiff properly alleged a claim of direct infringement of its trademark by the agents. The agents' petition for review by the California Supreme Court is pending.
#3 Author of original report
Mr. Miner has lost his bid to sue Re/Max Agents . . .
AUTHOR: John Trombetti - ()
SUBMITTED: Friday, August 02, 2013
It has come to my attention that Mr. Miner has found out that his initial, "dump and run" delivery of subpoenas were illegal, and he had to redo the service.
With that being said, I have not been served, and my name was still on his list of defendants.
And the bottom line is that his case failed to convict anyone. This, in retrospect, appears to be a totally flagrant act of irresponsibility, and a frivolous law suit.
Bottom line: He sued the right party (the owner of Re/Max Beach Cities), and should have won, but the defendant declared bankruptcy, and left no where for Mr. Miner to ever receive any dollars from his actions.
Mr. Miner then proceeded to sue the people who, by choice, hang, or hung, their Real Estate License with Re/Max Beach Cities, and choose to do their business with that Broker of Record. Although Agents are working through a brokerage does not mean they are responsible for the decisions of Management.
Frankly, I felt the rath of Mr. Miner's casting me as being sued over the Internet for all the world to see, did cause me some problems in securing gainful employment.
I strongly urge anyone who may wish to use services in any Professional service to interview at least 3, or more before making any commitment.
And I can think of over 1,700 Real Estate Agents that would not recommend Mr. Miner.
#2 Author of original report
let ALL the truth be known . . .
AUTHOR: John Trombetti - (USA)
SUBMITTED: Monday, March 22, 2010
Also on Mr. Miner's other website, http://www.a2zventures.com/joomla/index.php?option=com_content&view=article&id=19&Itemid=61 Under Background information and some brief history Written by RMLS Administrator
"All Cities Realty didnt want to sue the agents, and in fact, in the beginning, did NOT sue the agents. However, when Kelli Todd disclaimed all responsibility for the agents in 2006, All Cities Realty had no choice."
Paragraph 2 - This is a statement that I am in agreement with Mr. Miner's lawsuit, and pointing out that I did not have any control of what an owner does at Their Company, after all, it is THEIR Company . . . I kinda' just work here. . . [I ask you, do you have control over the owner where you work?]
Paragraph 3 - This does state the time period that I hung my Real Estate License with Re/Max, terminating with Re/Max 5 months before Mr. Miner declared a lawsuit against the Agents of Re/Max in JULY 2006.
Mr. Miner also states in his (((Redacted))) website BLOG Comment added February 20, 2010 ". . . service of 800+/- services to Re/Max All Cities Realty. Gina Smearer [in house paralegal assistant to Dale Eleniak and Holly Thomas] accepted ALL services. . . . at Re/Max main office."
Although Mr. Miner did, maybe, deliver a summons with my name on it is neither here nor there, as he does have me on his list of 'usual suspects'. I only question why he did not take his own advice on his website - General information - Welcome to the All Cities Realty settlement offering, where it is written by RMLS Administrator (((Redacted))) says, ". . . because you are licensed (or were) you have your information on the DRE database. In reality your information and your location is available to us in an instant. "
Yet Mr. Miner did not follow his own website's suggestive location of where to find my address to effectively get his summons to me. And this is why I did not know of any lawsuit against me until 22 DEC 2008, when I "Googled" my name on the internet and discovered that "John Trombetti - Public Notice! Lawsuit - Real estate agents sued ...".
Paragraph 4 is a general note that I did talk with Mr. Miner, and in that conversation he did say that he would have his attorney contact me, but the Attorney never did call. Mr. Miner may or may not dispute this, but phone records will substantiate this conversation did take place.
Paragraph 5 can be substantiated simply by using the search engine of Google and typing in my name, John Trombetti. The link is (((Redacted))) In most cases it seems to always be at the top. To have an item at the top means this item has the greatest amount of hits . . . like future employers checking me out? mayyyybe. . .
Paragraph 6 - Not being skilled in law, I tried working with the response to the fact that I should have 30 days to respond to this notice that I was being sued. I did make a mistake as to where I acquired the form; it was from the California Courts website http://www.courtinfo.ca.gov/selfhelp/ . And, as I said, I used a form that Mr. Miner will have his attorney fill out when I have this case dismissed, if we ever get to see the Judge.
Paragraph 7 - Again, in accordance to Mr. Miner's Blog, I saw that the Court date was to be in July 2009. Now Mr. Miner has blamed the Re/Max group for all of the delays, but as you will see from his (((Redacted))) website BLOG Comment added February 16-17, 2010 "The lawsuit was continued SEVERAL TIMES by her [Kelli Todd's] own attorney! Why does she not mention that?" and his BLOG in his Comment added February 21, 2010 "It was much easier to get you to believe she [Kelli Todd] would pay all the costs and then to prolong the trial as long as possible (which they did). We were told years ago that the plan was to file bankruptcy at the last moment prior to trial (which would have happened because trial was to be in February except for the fact our [ All Cities Realty] expert got sick which forced a continuation but the BK was filed anyway. "
And my remark, "Seems those that have the dollars to spend on well paid Attorneys hold all the cards in this fiasco." Is in agreement with Mr. Miner's General information - Welcome to the All Cities Realty settlement offering website (((Redacted))) "Whether or not you wish to end this fiasco and put the lawsuit in your rear view mirror is up to you." You see, we both agree this is a fiasco!
fiasco defined : a complete failure. source http://www.merriam-webster.com/dictionary/fiasco
Paragraph 8 - This is where I say what I did as an Agent, using the Re/Max Beach Cities Name in all points of my control. I should not be held for events and use of my name by the Broker/Owner which may have displayed the Re/Max All Cities name. Even all of my sales were reported with the "Beach Cities" name. I should not be held responsible for persons who are NOT of my control. Shall I be convicted by association? That will be for the judge to decide.
Paragraph 9 - Now I am sure Mr. Miner has more information about who knew what about the Lawsuit he started when he started it whenever. . . than I ever received. And his relentless research has produced even information that was only talked about behind closed doors with those who were the ones in management or steering positions of the company. This does not mean that ANY of that filtered down to my level. As I said, Lawsuits seemed to be commonplace at Re/Max since I joined.
Paragraph 10 & 11 - I explain how I may have been associated in using the Re/Max All Cities banner on the Company wide advertising section. I further explained how I do not have a choice as to the banner, but only the advertisement I have placed. I also have no control of the Company websites, and I have never had a website of my own, so there is no question as to my having a website with Re/Max All Cities Realty.
Paragraph 12 - I explained my position and what I would like to do, but am currently financially challenged. I also reiterate that since Mr. Miner's posting of "John Trombetti - Public Notice! Lawsuit - Real estate agents sued ..." is evident to the whole world to see, potential employers are steering away from my letters and resumes for gainful employment. That is the RIP OFF that I am referring to in this whole mess. and lastly . . .
Paragraph 13 - Mr. Miner is such a patriot in his fight for free speech as exemplified by his BLOG
Comment added February 24, 2009 (((Redacted))) Isn't FREE SPEECH a great thing! The Internet and blogging has exposed so many things that used to happen behind closed doors that you would never be privy to... as long as people are honest in their blogging its a useful source of information. Before 1995 I could have never been able to get my side of the story out to whoever wanted to read it. Free Speech is truly one of our greatest assets here in the USA!
However, when I have exercised my free speech here on this website, Mr. Miner seems to get all bent out of shape. I feel that this is a useful source of information, just like Mr. Miner, and I do not think I could get MY side of this story out to whomever wanted to read it, just like Mr. Miner wanted his free speech to be heard.
And if Mr. Miner was just using the web to reach those, like me, who were unaware of this lawsuit, well once I heard about it, wouldn't that be the time to remove it, as now I am informed? Or was his use, since it has been up and running well before 2008, when I discovered it, for malicious purposes? You be the Judge on this point!
So in essence, Mr. Miner and I agree on all too many things. He thinks I should only be angry with Kelli Todd, Owner of Re/Max [whatever] Realty. I am angry with Ms. Todd, but I am also angry with Mr. Miner and his skillful use of having the website responsible for informing the WORLD that John Trombetti - Public Notice! Lawsuit - Real estate agents sued ... , and that is why I am most likely still unemployed to date. Free speech can be nice, but sometimes it will bite you in the fanny. Eh! Mr. Miner?
And now for my response to Mr. Miner's rebuttal . . .
Paragraph 2 - Mr. Miner has stated that I should be venting my anger with Kelli Todd, Owner of the Re/Max Company. Like I said, I am angry with her, but she is not the one telling the whole world that John Trombetti - Public Notice! Lawsuit - Real estate agents sued ... , Mr. Miner IS!
Paragraph 3 - Mr. Miner stated, "John, you were notified of this but continued to use the name." [ I can only guess the word "you" is being used in the plural version, not the singular version.] " Truth be known, I never received this notice from Mr. Miner written, verbal, e-mail, telegram, or any other source of communication. If this was in his summons of 6 JULY 06, well then it was too late as I never received the summons, and I was no longer with the company, and that being the case, I certainly was not even using the word Re/Max, let alone All Cities Realty. Perhaps Mr. Miner would like to document where he came up with that one. And sending it to the Owner of Re/Max, Kelli Todd does not count, as you see, she has been less than sharing of this situation since day one in 2003.
Paragraph 4 - Mr. Miner, your not disappointed about my posting never getting me a job, your disappointed that I have posted it on Rip Off Reports and it will be on this site for as long as there is an internet. Not only have I brought more attention to me, but to you as well, and maybe not too flattering for you either. I think there just might be a little lunatic in you as well as me. . . don't you?
Paragraph 5 - And you have the b---s to say, "Prior to this you could have come to us for a job and we may have helped you with an apartment as well." Well after our phone conversation on 23 FEB 10, where we discussed possible settlement, and all you were interested in was $2,500.00 to dismiss my case. And I sent by e-mail to you a resume and a letter for a position with your firm that began like this, "Dear Joe, We just finished speaking a few moments ago and I just thought of something that may be helpful to you and me." . . and ended like this, "If you were to hire me, I would be very loyal because I would have a job, and I would be making dollars to pay off the $2,500.00 you said it would take me to remove this lawsuit. I am not opposed to working this dollar value off in honest work. This would help me achieve my goal and your goal." And I never heard from you. . .
And in your closing line, you say, "we are simply defending our Trademark rights - the rights you violated."
I think you mean allegedly violated, don't you? That is why you are suing me isn't it?
And, please, do let me know when we will be meeting in Court.
All the foregoing is true and correct and verifiable on Mr. Miner's website with the internet links provided this 22 Day of March 2010.
#1 REBUTTAL Owner of company
John you are completely misguided
AUTHOR: Joseph miner - (U.S.A.)
SUBMITTED: Sunday, March 14, 2010
All Cities Realty, Inc. sympathizes with Johns personal situation. However, John should be focusing his anger at the company and management team that put him in this predicament which was a south bay Los Angeles Re/Max - now bankrupt.
All Cities Realty, Inc. [ACR] was and is simply defending both its State and Federal Trademarks. ACR had and has no control over the court system and trial dates. ACR would have preferred to complete this action as swiftly as possible. Johns former management team prevented that and finally filed for bankruptcy. Please John vent your anger at your former Re/Max and not at All Cities Realty. ACR holds valid State and Federal trademarks
John, you were notified of this but continued to use the name. This is no different than Apple, Re/Max, Microsoft or any other company defending itself. With the knowledge that the other 2000 agents have jobs we believe you not having a job may have something to do with your personality.
We are disappointed John that you resorted to the Rip Off report because your posting here is never going to help you get a job - ACR has never done business with you John Trombetti and you know that. You have simply brought more attention to the fact that you may be a lunatic now no employer will probably ever hire you because they will see you are misguided and pointing your finger in the wrong direction.
Prior to this you could have come to us for a job and we may have helped you with an apartment as well. We are speechless as why you did not vent you anger at your former Re/Max boss who helped to cause all this... your anger is totally misdirected. We wish you the best of luck and hope your life changes for the better soon!
You are shooting the victim John... we are simply defending our Trademark rights - the rights you violated.
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