Sunset Management sues Affinity Residential Care over the AFFINITY senior-housing mark

What was filed

Sunset Management, Inc. v. Affinity Residential Care LLC d/b/a Affinity Care MN et al., No. 0:26-cv-04132-NEB-DTS (D. Minn.), was filed September 24, 2026. Sunset says it is a Washington corporation based in Spokane. It alleges, on information and belief, that Affinity Residential Care LLC is a Minnesota company based in Bloomington that markets housing and residential services as Affinity Care MN. It alleges that Zahnia Harut is the sole manager of that company and of ACMN Properties LLC and ACMN Properties Jade LLC, which own properties the business uses. The clerk's assignment notice assigns the case to Judge Nancy E. Brasel. Sunset demands a jury trial.

The marks

The complaint pleads U.S. Reg. No. 4,212,563 for the AFFINITY word mark and No. 4,212,565 for a two-tone dual-leaf AFFINITY design, both issued September 25, 2012, and alleges that both are incontestable. It describes them as covering rental and management of senior residential communities. USPTO records list both, owned by Sunset Management, Inc. and renewed, for Class 36 real estate services, namely rental and management of residential and commercial communities. The complaint says Sunset licenses the marks for Affinity-branded senior communities in eight states, including two in Minnesota.

What the complaint alleges

The complaint alleges that Affinity Care MN uses AFFINITY on its website to market housing and residential services to seniors and other vulnerable adults in Minnesota, and, on information and belief, that the property owner defendants supply their properties knowing they are used for that business.

The counts and relief

Count I alleges direct and contributory infringement under 15 U.S.C. § 1114. Count II alleges unfair competition under 15 U.S.C. § 1125(a), Count III direct and contributory common law infringement, and Count IV unfair and deceptive trade practices under Minn. Stat. § 325D.43 et seq. The prayer asks for a permanent injunction, including against supplying properties used for the accused conduct, removal of marketing and signage, and monetary relief.