InsideRE’s use of the word “bold” and the color purple in a rebrand of the product formerly known as kvCORE make its branding “confusingly similar” to KW’s BOLD product, the company claimed.
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Keller Williams Realty Inc. has alleged in a lawsuit that InsideRE’s new BoldTrail branding, which replaced branding for kvCORE, infringes upon KW’s own BOLD Marks branding and has allowed the company to unfairly profit from KW’s established brand.
The lawsuit was filed on Jan. 15, 2025, in U.S. District Court for the Western District of Texas, Austin Division.
InsideRE informed Inman in June 2024 that it had rebranded its kvCORE real estate business software to BoldTrail, a brand name that would apply to the company’s collection of applications, which include software that supports CRMs, digital marketing and presentations, listing promotion, transaction management and more.
The move came after InsideRE acquired a number of companies in recent years — including that of BoomTown in early 2023 — and faced marketing challenges as a result. The name was in part inspired by InsideRE’s belief that “real estate is not for the timid, and that it wants to be a strong partner in tough times,” Inman tech columnist Craig C. Rowe wrote at the time.
In addition to using the word “bold” in its name, the branding of InsideRE’s product also features a purple color in some iterations, a color that KW uses heavily in its own BOLD Marks product branding. Such resemblances make InsideRE’s product marketing “confusingly similar” to KW’s marketing of a very similar product, the real estate franchise claimed.
A spokesperson for Keller Williams told Inman that the lawsuit was filed “to put an end to Inside Real Estate’s wrongful use of our BOLD trademark suite of offerings.”
“Since 2009, KWRI BOLD and BOLD LEADERSHIP have been distinctive and well-known services that lead the industry in providing real estate consulting services, and real estate professional education and development services. Inside Real Estate has since copied these industry-leading offerings with the rebranding of similar offerings, namely Bold Academy and Bold Trail, in 2024. This intentional trademark infringement has confused the marketplace, and is a blatant attempt to capitalize on the success and goodwill of the KW brand.”
InsideRE did not immediately respond to Inman’s request for comment.
The lawsuit notes that KW has used its BOLD brands since as early as 2009 to provide real estate consulting services, professional education and development services to real estate professionals.
“As a result of KWRI’s extensive advertising, sound business practices, and operations, KWRI has established strong relationships with those who have come to recognize and respect the services provided by KWRI and the services identified with the KWRI BOLD Marks,” the lawsuit states.
“Defendant’s decision to rebrand this competing product to BoldTrail, a trademark that is confusingly similar with KWRI’s BOLD Marks, appears intended to capitalize on KWRI’s success and goodwill in the marketplace,” it adds.
KW’s counsel sent InsideRE a letter to cease and desist its use of its new BoldTrail branding on Nov. 5, 2024, the lawsuit states, which was responded to with a refusal from InsideRE’s counsel.
After that exchange, however, InsideRE CEO Joe Skousen emailed KW founder Gary Keller to schedule a conversation over the branding issue, according to the lawsuit.
“KWRI replied to Mr. Skousen on several occasions to schedule a meeting but did not receive any response,” the lawsuit alleges. “During that time, as noted above, Defendant has introduced additional offerings — apparently using delay in resolving this matter as a tactic to continue and expand its infringing activities, despite the fact that Defendant has been on notice of its infringement for months.”
KW has requested an injunction against InsideRE for “further use of the KWRI BOLD Marks” and monetary relief in an amount to be determined at trial, as well as court costs, attorney’s fees and other related expenses.
Email Lillian Dickerson