Defendant LendingTree, Inc. (“LendingTree”) operates a web-based real estate referral service whereby consumers can input their location and receive information about real estate brokers in their community. LendingTree’s referral network consists of more than 2,500 real estate offices operated by approximately 650 broker member companies, about 40 percent of which operate a Century 21, Coldwell Banker or ERA franchise. In January 2003, counsel for these three companies (the plaintiffs) sent a letter to LendingTree demanding that it stop using their trademarks on its website. Read more about Third Circuit Adopts Two-Step Test in Nominative Fair Use Cases
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