This case was last updated from U.S. District Courts on 01/15/2022 at 08:15:31 (UTC).

Bilt Technologies, Inc. v. Bilt, Inc.

Case Summary

On November 16, 2021, Bilt Technologies, Inc. (“Bilt Tech.” or “Plaintiff”), represented by Amanda Helena Freyre of Pillsbury Winthrop Shaw Pittman LLP, filed an intellectual property lawsuit against Bilt, Inc. (“Bilt Inc.” or “Defendant”), seeking declaratory and injunctive relief, including damages, expenses and attorneys’ fees for the Defendant’s alleged improper attempt to parlay a trademark for a class of services into a monopoly over the name and mark across all markets – regardless of their relation to the Defendant’s business. This case was filed in U.S. District Court in the Southern District of New York with Judge P. Kevin Castel presiding. 

 

In the complaint, the Plaintiff alleged that, “Bilt Tech uses its “Bilt” mark in connection with a revolutionary consumer loyalty program that helps renters earn points on rent and other purchases that they can apply toward a down payment for a house on their path to home ownership.”

 

The Plaintiff further alleged that, “Bilt Tech created the Bilt Rewards Alliance, a national consortium of millions of rental homes across the country. Consumers who rent from a member of the Bilt Rewards Alliance can earn points on rent payments that can be applied toward a down payment for a house, among other goods and services. Bilt Tech also offers financial services through the Bilt Mastercard®, a general-purpose credit card that consumers can use to pay rent and make ordinary purchases, earning points that can be applied to, among other things, a down payment for a house. The Bilt Mastercard® is heralded as a “co-brand credit card [that] offers renters across the United States a way to pay rent via credit card with no fees, earn points on their largest expense, raise their credit history with every on-time rent payment, and build a path towards homeownership.”

 

The Plaintiff also alleged that, “Bilt Inc. pretends that it has overarching trademark rights in the “Bilt” mark that knows no bounds, and wishes to preclude all others, in whatever market, from using a name that causes no harm to it. Bilt Inc. fancies itself a Disney of the world, with a name so famous no one else can use it. Bilt Inc. is no Disney, and it aimlessly waives its trademark registration in an effort to restrain trade in unrelated markets and without any real concern that consumers will be confused. Such tactics amount to unfair competition and cut against the limited rights a trademark law recognizes and a federal registration confers.”

 

The Plaintiff lists out four claims for relief. The first claim is for false designation of origin, unfair competition. The second claim is for common law unfair competition. The third claim is for common law trademark infringement, and the fourth claim is for declaratory judgment of non-infringement.



In its prayer for relief, the Plaintiff requested that the Court permanently enjoin and restrain Defendant from unlawfully using the “Bilt” mark, or any other mark that is confusingly similar to it, in connection with Class 35 or Class 36 goods and services and award compensatory, treble and exemplary damages as authorized by law. The Plaintiff further requested the Court for an award of costs of litigation and a declaration that Plaintiff does not infringe United States Trademark Registration No. 4981528. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-09500

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

Judge Details

Presiding Judge

P. Kevin Castel

 

Party Details

Plaintiffs, Counter Defendants and Counter Claimants

Bilt Technologies, Inc.

Bilt, Inc.

Defendant, Counter Claimant and Counter Defendant

Bilt, Inc.

Attorney/Law Firm Details

Plaintiff, Counter Defendant and Counter Claimant Attorneys

Amanda Helena Freyre

Attorney at Pillsbury Winthrop Shaw Pittman LLP

31 West 52Nd Street

New York, NY 10019

Carolyn S. Toto

Attorney at Pillsbury Winthrop Shaw Pittman LLP

725 S. Figueroa Streetste 36Th Floor

Los Angeles, CA 90017-5524

Mark Davis Litvack

Attorney at Pillsbury Winthrop Shaw Pittman LLP

725 South Figueroa Streetste 36Th Floor

Los Angeles, CA 90017

Jeffrey Mark Becker

Attorney at Haynes and Boone, LLP

2323 Victory Avenue

Dallas, TX 75219

Richard D. Rochford, Jr.

Attorney at Haynes and Boone, LLP (NY)

30 Rockefeller Plaza26Th Floor

New York, NY 10112

Abbey Gauger

30 Rockefeller Plaza, 26Th Floor

New York, NY 10112

Counter Defendant, Counter Claimant and Defendant Attorneys

Jeffrey Mark Becker

Attorney at Haynes and Boone, LLP

2323 Victory Avenue

Dallas, TX 75219

Richard D. Rochford, Jr.

Attorney at Haynes and Boone, LLP (NY)

30 Rockefeller Plaza26Th Floor

New York, NY 10112

Abbey Gauger

30 Rockefeller Plaza, 26Th Floor

New York, NY 10112

 

Court Documents

#23

(#23) PROPOSED CASE MANAGEMENT PLAN. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 01/13/2022)

#22

(#22) JOINT LETTER addressed to Judge P. Kevin Castel dated January 13, 2022 re: the parties response to the court's November 22, 2021 order. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 01/13/2022)

#21

(#21) ANSWER to #20 Counterclaim., COUNTERCLAIM against Bilt, Inc.. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 12/27/2021)

#20

(#20) ANSWER to #1 Complaint., COUNTERCLAIM against Bilt Technologies, Inc.. Document filed by Bilt, Inc...(Rochford, Richard) (Entered: 12/08/2021)

#19

(#19) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bilt, Inc...(Rochford, Richard) (Entered: 12/08/2021)

#18

(#18) NOTICE OF APPEARANCE by Jeffrey Mark Becker on behalf of Bilt, Inc...(Becker, Jeffrey) (Entered: 11/30/2021)

15 #3

Text of Proposed Order Proposed Order

15 #2

Exhibit A - Certificate of Good Standing

15 #1

Affidavit in Support of Motion for Pro Hac Vice Admission

15 #15

Main Document

13 #2

Exhibit A Certificate of Good Standing

13 #13

Main Document

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Bilt, Inc...(sj) (Entered: 11/17/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Bilt, Inc., re: #1 Complaint. Document filed by Bilt Technologies, Inc...(Freyre, Amanda) (Entered: 11/16/2021)

#4

(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bilt Technologies, Inc...(Freyre, Amanda) (Entered: 11/16/2021)

#3

(#3) CIVIL COVER SHEET filed..(Freyre, Amanda) (Entered: 11/16/2021)

#2

***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Amanda Helena Freyre re: Document No. #2 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) (Entered: 11/17/2021)

#1

(#20) ANSWER to #1 Complaint., COUNTERCLAIM against Bilt Technologies, Inc.. Document filed by Bilt, Inc...(Rochford, Richard) (Entered: 12/08/2021)

17 More Documents Available
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Docket Entries

  • 01/13/2022
  • View Court Documents
  • Docket(#23) PROPOSED CASE MANAGEMENT PLAN. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 01/13/2022)

    Read MoreRead Less
  • 01/13/2022
  • View Court Documents
  • Docket(#22) JOINT LETTER addressed to Judge P. Kevin Castel dated January 13, 2022 re: the parties response to the court's November 22, 2021 order. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 01/13/2022)

    Read MoreRead Less
  • 12/27/2021
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  • Docket(#21) ANSWER to #20 Counterclaim., COUNTERCLAIM against Bilt, Inc.. Document filed by Bilt Technologies, Inc...(Litvack, Mark) (Entered: 12/27/2021)

    Read MoreRead Less
  • 12/08/2021
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  • Docket(#20) ANSWER to #1 Complaint., COUNTERCLAIM against Bilt Technologies, Inc.. Document filed by Bilt, Inc...(Rochford, Richard) (Entered: 12/08/2021)

    Read MoreRead Less
  • 12/08/2021
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  • Docket(#19) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bilt, Inc...(Rochford, Richard) (Entered: 12/08/2021)

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  • 11/30/2021
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  • Docket(#18) NOTICE OF APPEARANCE by Jeffrey Mark Becker on behalf of Bilt, Inc...(Becker, Jeffrey) (Entered: 11/30/2021)

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  • 11/24/2021
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  • Docket(#17) ORDER granting #15 Motion for Jeffrey M. Becker to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#16) ORDER granting #13 Motion for Carolyn S. Toto to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 11/24/2021)

    Read MoreRead Less
  • 11/24/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jeffrey M. Becker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25378055. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Carolyn S. Toto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25373955. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 11/24/2021)

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9 More Docket Entries
  • 11/17/2021
  • View Court Documents
  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Amanda Helena Freyre re: Document No. #2 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) (Entered: 11/17/2021)

    Read MoreRead Less
  • 11/17/2021
  • View Court Documents
  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Bilt, Inc...(sj) (Entered: 11/17/2021)

    Read MoreRead Less
  • 11/17/2021
  • DocketCase Designated ECF. (sj) (Entered: 11/17/2021)

    Read MoreRead Less
  • 11/17/2021
  • DocketMagistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) (Entered: 11/17/2021)

    Read MoreRead Less
  • 11/17/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) (Entered: 11/17/2021)

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  • 11/16/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Bilt, Inc., re: #1 Complaint. Document filed by Bilt Technologies, Inc...(Freyre, Amanda) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bilt Technologies, Inc...(Freyre, Amanda) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#3) CIVIL COVER SHEET filed..(Freyre, Amanda) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#2) AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Freyre, Amanda) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Bilt, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25344134)Document filed by Bilt Technologies, Inc...(Freyre, Amanda) (Entered: 11/16/2021)

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