Feud over name gets real-estate broker barred from Bella Collina
A feud over a community’s name has driven developers to ban Windermere real-estate broker Irma Yapor from entering the exclusive Bella Collina country-club development in southeast Lake County.
The clash started with Yapor’s use of the name Bella Collina, which means “pretty hill” in Italian, in her marketing materials. Recently, the divide has led to a judicial order against her and her inability to access the properties she has listed for sale in the 1,900-acre development. Soon, she may be ordered to repay the commissions she earned on sales there.
“You’d think they would like agents to promote their community. After all, they are the ones benefiting,” said the
54-year-old broker for Better Homes and Gardens Real Estate in Windermere.
In the last two years, she has sold about 14 properties there.
But partners of DCS Holdings, which owns Bella Collina, said she overstepped the laws by brandishing their trademarked Bella Collina name as though it belonged to her. Her website included not just property listings at Bella Collina but also lavish descriptions of the community and even the phone number to call for tee times and restaurant reservations.
“The reason why we barred her entry is that, yes, she has listings in here, but this is private property,” said DCS representative Randall Greene. “She was bringing in a lot of clients, and they were buying lots, but it was in competition with us.”
For more than a decade, Yapor sold properties in the boom-bust project where investors purchased million-dollar lots at the peak of the market but soon walked away from the home sites as the market collapsed. Lots there eventually traded for about a tenth of their original sales prices.
Yapor brought buyers into Bella Collina and built her brand around the development known for rolling hillsides, lake views and a Nick Faldo golf course. The stylish-looking broker used the community’s name in her website, business cards and Facebook page. A previous developer there included her contact information on the community’s website. She also registered the name Bella Collina Realty with the state of Florida.
“It is customary for realestate agents to provide information about communities in the area along with listing information for both sellers and buyers interested,” Yapor said.
Orlando lawyer David L. Sigalow, who was not involved in this case, said his firm has been on both sides of trademark cases involving real-estate agents using community names.
“It’s a matter of significant controversy, especially for agents who wish to promote their expertise in a particular community,” he said.
Generally, agents should guard against implying they have a relationship with a development if they do not. In addition, he added, they should avoid using domain names that imply they are connected with a real-estate project.
A federal judge ruled six weeks ago that Yapor violated trademark law, and she has taken down most of the references to Bella Collina and awaits a decision on damages she may owe.
It’s not the first time that Bella Collina owners have hired lawyers to protect their community brand.
Earlier this year, they sued the owners of a sweeping Italian-style estate near Stokesdale, N.C., called Bella Collina Mansion. Greene said wedding planners, parties, and guests sometimes confuse the two similarly named venues. Bella Collina near Montverde is a top wedding destination for Central Florida and generates a steady stream of revenues to help keep the community’s 75,000-square-foot Tuscan-style clubhouse and grounds afloat financially. The lawsuit is still pending.
Greene said Bella Collina is simply doing what’s necessary to revive the community. Of thousands of vacant lots there, about 50 homes have been completed, 12 are under construction and five are in the permitting process. Requirements for property owners to start construction in an 18-month window are expected to boost activity, he added.
Last weekend, Bella Collina featured its new custom homes as part of the Orlando area’s Parade of Homes. Yapor said she wouldn’t even attempt trying to get beyond the gates.