04:30 06.09.2008 | All news from "Arkansas"

Lawsuit Stems Over Similar Sounding Names

Realty Title & Closing Services LLC of Fayetteville has sued another title company for setting up shop just down the road with a similar sounding name.

The competitor's name? Realty Title & Escrow Services Inc. of Memphis.

Realty Title & Closing said it has been using its name since June 2005 and has five offices in northwest Arkansas.

In 2004, Realty Title & Escrow came to Arkansas from Tennessee and set up shop in Pulaski County. But it expanded to Rogers in June. And in July, Realty Title & Escrow opened a shop in Fayetteville, across the street from Realty Title & Closing.

Realty Title & Escrow also has plans to open offices in Bentonville and Siloam Springs, Realty Title & Closing said in its lawsuit.

Realty Title & Closing is suing for trademark infringement and unfair competition. Realty Title & Closing also wants the other company to stop using the name Realty Title.


Last week, Realty Title & Escrow fired back and said it has the rights to the name, which it has been using since 1987.

"We have filed a motion to dismiss," said Kevin Lemley of the Allen Law Firm of Little Rock, one of Realty Title & Escrow's attorneys. "We expect to prevail on both."

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