Market Overview

Express Homebuyers USA, LLC Wins Another Court Decision That the Phrase "We Buy Houses" Cannot Be Trademarked and That It is Not Liable for Damages


Express Homebuyers USA, LLC ("EHB"), a Virginia-based company that has
purchased and rehabilitated over 2,500 homes, today obtained a ruling in
its favor dismissing all claims for damages brought by WBH Marketing,
Inc. ("WBH"). WBH sought in excess of $40 million.

WBH brought claims for false advertising, trade libel, and conspiracy.
On August 15, 2018, the court declared that the trademarks "we buy
houses" and "" were generic and should be canceled. The
court reaffirmed that ruling as well today, holding that, because WBH's
request for reconsideration "disclose[d] no clear error of law or fact
in the [earlier] Memorandum Opinion, [WBH's] Motion for Reconsideration
must be denied."

Today's rulings bring an end to the fourteen-month litigation between
EHB and WBH, with EHB winning across-the-board on all claims and on all
of its defenses.

In a fifteen-page written opinion, Judge T.S. Ellis, III of the Eastern
District of Virginia concluded that WBH failed to present any facts to
support its damages claims. On the false advertising claims, Judge Ellis
found that WBH failed to establish any correlation between the alleged
false statements and actual harm to WBH. Citing the testimony of its
CEO, Jeremy Brandt, WBH could not establish and did not know "who chose
not to contact or do business with WBH" in light of the alleged false

The court also found that statements such as WBH was "wrong" in
enforcing its trademarks, and that WBH was a "trademark bully" were
non-actionable opinions because they were nothing more than EHB's
"subjective assessment of WBH's commercial activity." Indeed, the court
noted that the undisputed facts established that Jeremy Brandt made
statements such as "That's how we roll. Facebook page – gone."
Additionally, Dev Horn, another executive at WBH, stated that WBH needed
to "scare the sh*t" out of certain real estate investors and that WBH
should "GET THOSE MOTHER F*****S," referring to specific real estate

Finally, the court noted there was "abundant evidence" of WBH directing
third parties to stop using "we buy houses" in a variety of online
advertisements and physical signs. Those communications, the court
found, "were often accompanied by warnings about the legal consequences
of trademark infringement." As such, the court dismissed the claims for
false advertising and defamation.

Because those claims were dismissed, the court likewise dismissed WBH's
claims for business and common law conspiracy under Virginia law,
concluding that there was no underlying legally actionable conduct.

Brad Chandler, CEO of Express Homebuyers, said, "I'm big on justice in
the world and today justice has been served for Express Homebuyers and
real estate investors across the United States."

Express Homebuyers is represented by Joseph J. Aronica, Ugo Colella,
Nicole K. McLaughlin, and John J. Zefutie, Jr. of Duane Morris LLP.
Direct all inquiries to Ugo Colella at

About Express Homebuyers (

Founded by Brad Chandler and Jud Allen, Express Homebuyers has been a
pioneer in hassle-free home buying since 2003. Express Homebuyers
purchases homes from sellers who are in need of a quick and easy sale at
a fair price, without expensive broker fees or closing costs. Express
Homebuyers has recently started buying homes in many markets across the
U.S. Using a simple three-step process, Express Homebuyers has helped
thousands of homeowners sell their homes quickly. Please direct all
inquiries to Brad Chandler at

About Duane Morris

Duane Morris LLP provides innovative solutions to today's legal and
business challenges through the collaborative culture of its more than
800 attorneys in offices across the United States and internationally.

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