HGTV ‘Ugliest House in America’ Trademark Dispute Moves to Trial

Warner Bros. Discovery Inc. and a real estate franchise failed to get summary judgment on various trademark use arguments in a case centered on HGTV show “Ugliest House in America.”

Judge Richard G. Andrews, of the US District Court for the District of Delaware, denied all but one summary judgment motion on August 8. He ruled there are factual disputes about whether the TV show’s name is source-identifying and intended to cause confusion with HomeVestors of America Inc.'s “The Ugliest House of the Year” contest.

HomeVestors sued Warner Bros in December 2022 for trademark infringement, dilution, and unfair competition under the Lanham Act, in addition to a claim of injury to business reputation under state law. Its complaint alleges the name similarities have caused consumers to connect the HGTV show mocking poorly designed homes with its competition on who has the best before and after photos of their home renovation.

Andrews denied the parties’ efforts to exclude each other’s expert testimony, block arguments over fair use, and bar claims based on the Second Circuit’s Rogers v. Grimaldi test. But he granted summary judgment for HomeVestors blocking Warner Bros’ defenses based on “trademark misuse” and “unclean hands,” contending those defenses failed because the studio couldn’t point to an “unconscionable act” that caused injury.

Warner Bros also failed to quash the trademark infringement, unfair competition and dilution claims it faces. Andrews concluded that disputes remain over the degree of similarities between the uses of “Ugliest House” and evidence portraying those similarities are likely to cause confusion.

There are also factual disputes about whether Warner Bros uses “Ugliest House” as a trademark and did so intentionally to deceive or confuse consumers. Thus, Warner Bros can’t pursue a summary judgment barring HomeVestors from getting part of the HGTV show’s profits, Andrews said.

Richards Layton & Finger PA and Holland & Knight LLP represent HomeVestors. Morris, Nicholas, Arsht & Tunnell LLP and Greenberg, Glusker, Fields, Claman & Machtinger LLP represent Warner Bros.

The case is HomeVestors of America Inc. v. Warner Bros. Discovery Inc., D. Del., No. 1:22-cv-01583, opinion filed 8/8/25.