The logo and name of Flashhouse LLC's real estate platform fello has an uncanny resemblance to Loandepot's
The legal action filed in a federal court in California accuses the competing real estate platform provider of using "a trademark confusingly similar to Loandepot's federally registered trademarks…for mortgage lending servicers and various other real estate services." By doing so, FlashHouse is "amplify[ing] consumer confusion," the suit filed Jan.9 said. Loandepot wants to "protect its valuable intellectual property rights" by having fello's logo taken down.
Loandepot declined to provide commentary regarding the lawsuit. FlashHouse LLC did not respond to a request for comment.
In the suit, the mortgage lender points out similarities between the style and look of the two logos. It also claims the email addresses created for customer outreach are strikingly alike. (Loandepot has a hello@mellohome.com email, while FlashHouse uses a hello@hifello.com email.)
Such similarities could contribute to deception among the general public where they might assume that fello is associated with Loandepot, the suit claims. Irvine, California-based Loandepot has had its trademark registered for a little over six years. Meanwhile, Flashhouse filed an intent-to-use application to register the fello mark on Dec. 2, 2021, documents show. Furthermore, Flashhouse registered additional trade names with the Ohio Secretary of State including "fello insurance" and fello "mortgage" on March 31, 2022.
The similarities between the two trademarks constitutes unlawful and unfair trade practices and unfair competition in violation of California state law, Loandepot argues.
The mortgage lender also has qualms with fello operating and directing advertising to areas where Loandepot itself does business in Southern California.
"Flashhouse has purposefully directed business activities toward consumers residing in this judicial district, including, without limitation, by entering into sales contracts with residents of this judicial district and directing online advertising toward residents of this judicial district," the suit said.
Loandepot is seeking injunctive relief to prevent "irreparable harm" that will be caused by FlashHouse's use of a similar logo. Without such a ruling, "defendants will continue to offer real-estate-related products and services that infringe on the mello marks," Loandepot said.
