The Baltimore-based Better Mortgage Bureau, which just launched its Web site last week, has come under fire from the Better Business Bureau for possible trademark infringement charges over its similar name.
The BMB claims it has a registered trademark of its own, but accordingto several intellectual property lawyers the BBB has a strong infringement case.
Edward Johnson, president and chief executive officer of the Better Business Bureau’s Washington metro office, contacted The Examiner on Thursday, the day an article about the BMB ran, and said the BBB “will be pursuing action” against the BMB for trademark infringement. “They’re trading on the reputation and the good name” of the BBB which has been trademarked since 1972 johnson said. “It will be confusing for the public,” he added.
The BBB of Greater Maryland, based in Baltimore, also contacted The Examiner, and President and CEO Angie Barnett said, “Based on precedence, it would be our assumption that Better Mortgage Bureau would be an infringement. …It may be a form of flattery, but I do perceive that it is not an ethical or above-board doing.”
Lance Cassell, a founder of the BMB, told The Examiner that the BMB has a federal trademark. He said he was “not surprised” with the BBB’s charges, and added that although the two organizations are “aligned with the same general principles,” there are no similarities.
Three lawyers specializing in intellectual property all indicated that it appeared, based on the U.S. Patent and Trademark Office, that the BMB trademark application is still pending. All three agreed that the BBB has an argument for trademark infringement violation.
“It appears that both of the parties operate in the field of consumer information, which makes their services similar,” said Andrew Price, a partner in the Washington office of Venable LLP.
“I would be surprised if the BBB doesn’t sue,” said Joseph Gioconda, a partner in DLA Piper’s New York office.
