LendingTree, LLC, and Cendant Real Estate Division Dismiss Longstanding Trademark Dispute

Each party has dismissed all claims and counterclaims and no monetary payments are to be made
Each party has dismissed all claims and counterclaims and no monetary payments are to be made

RISMEDIA, August 8, 2006?LendingTree, LLC, has announced an agreement to resolve a three-year litigation dispute with the three residential real estate brands of Cendant’s real estate services division, now known as Realogy. Each party has dismissed all claims and counterclaims, no monetary payments are to be made and there will be no conduct restrictions on any company.

In 2003, Cendant companies Century 21 Real Estate Corporation, Coldwell Banker Real Estate Corporation, and ERA Franchise Systems, Inc., had initiated a legal action against LendingTree, alleging that LendingTree had infringed upon their rights by referring to the Century 21, Coldwell Banker and ERA company names in describing participants on the LendingTree real estate broker network.

Later that year the trial court issued a preliminary injunction, which LendingTree appealed. In October 2005, the U.S. Court of Appeals for the Third Circuit vacated the preliminary injunction, and ruled the trial court had erred in granting the injunction. The Court of Appeals also clarified the legal standards for evaluating the claim of consumer confusion, as well as defense of ?fair use? of the trademarks used by LendingTree.

?We are pleased to see this case come to a successful close,? said Tom Reddin, CEO of LendingTree, LLC. ?We have always felt our use of these names accurately described members of our real estate networks and are now fully vindicated in our belief that we have always acted in a lawful, fair and non-misleading manner.

Realogy responded to the announcement with the following statement:

?We agree that the lawsuit was dismissed but we disagree with LendingTree?s characterization of the merits of our claims. We have an obligation to protect our trademarks. Anyone who uses our trademarks for any purpose in the absence of our express authorization will be held accountable to the fullest extent of the law, and that includes LendingTree should they unlawfully use our trademarks in the future,” said Mark Panus, Senior Vice President, Corporate Communications, Realogy Corporation.

For more information, visit www.lendingtree.com and 800-555-TREE

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