Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Century 21 Real Estate Corp. v. LendingTree Inc.
United States Court of Appeals for the Third Circuit
425 F.3d 211 (2005)
In Century 21 versus LendingTree, the third circuit created its own approach to nominative fair use cases.
LendingTree was an Internet business that helped consumers find and compare real estate brokers, lenders, and insurers.
The compared companies included Century 21, e r a, and Coldwell Banker. It also provided real estate referrals.
Consumers could input the location and type of house they wanted to buy or sell, and LendingTree would furnish information about real estate companies in that local community.
LendingTree's website used the names and logos of specific real estate companies, both in its lists and on depictions of for sale signs. The real estate companies asked LendingTree to stop using their marks. LendingTree stopped using logos, but continued to use the marks in block letters on its web page.
The company sued LendingTree, claiming trademark infringement.
LendingTree argued that its use of the marks was a nominative fair use, and thus protected.
The district court found that LendingTree's use of the realtor's marks was likely to cause consumer confusion, and that it wasn't a nominative use. It granted a preliminary injunction.
LendingTree appealed to the third circuit.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Century 21 Real Estate Corp. v. LendingTree Inc.
United States Court of Appeals for the Third Circuit
425 F.3d 211 (2005)
In Century 21 versus LendingTree, the third circuit created its own approach to nominative fair use cases.
LendingTree was an Internet business that helped consumers find and compare real estate brokers, lenders, and insurers.
The compared companies included Century 21, e r a, and Coldwell Banker. It also provided real estate referrals.
Consumers could input the location and type of house they wanted to buy or sell, and LendingTree would furnish information about real estate companies in that local community.
LendingTree's website used the names and logos of specific real estate companies, both in its lists and on depictions of for sale signs. The real estate companies asked LendingTree to stop using their marks. LendingTree stopped using logos, but continued to use the marks in block letters on its web page.
The company sued LendingTree, claiming trademark infringement.
LendingTree argued that its use of the marks was a nominative fair use, and thus protected.
The district court found that LendingTree's use of the realtor's marks was likely to cause consumer confusion, and that it wasn't a nominative use. It granted a preliminary injunction.
LendingTree appealed to the third circuit.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/century-21-real-estate-corp-v-lendingtree-inc
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/century-21-real-estate-corp-v-lendingtree-inc
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