Sellsius real estate marketing blog

I loved that comment too. Kris is a freaking genius! Just don't call her a RealtorGenius...

I still say they should switch their blog over to NARGenius.

(PS: thanks for the linakge!)

NARGenius is genius :) How about RealGenius?

I think NAR is thinking big picture. Lose the "Realtor" term to everyone, how soon before each local board has to open up their MLS to everyone? Lose all your data-what is the MLS's role? Realtors decide to become real estate agents because now they don't have to pay dues to get MLS info. MLS board and staff disappears. NAR disappears. A company like Zillow or Yardoodle ( i made that one up) comes in with staff to keep the data rolling. They start charging agents/consumers or whomeever for the data to offset their upkeep costs. Full circle baby. full circle.

...and once again, Edyn, we see in all economic equations there are diminishing returns.

Obeoman

steven.stearns@obeo.com

This is a deeper issue than many may think. I believe it's totally about copyright protections vs. simply NAR being heavy handed. The word REALTOR is copyright protected. In order to maintain that protection there are defined guidelines that have to be followed. REALTOR members should be aware of them. Remember not all real estate brokers and sales agents are REALTORS.

Actually Darren, Realtor is protected by trademark, not copyright. Given that there are thousands of domain names out there violating the Realtor trademark, it's apparent either 1) Realtors are not aware; or 2) they are aware and don't care.

Given the NARs selective enforcement of the use of Realtor in a URL, it's likely those that fall into category 2 may get away with it for a long time.

Personally, I'd like to see the NAR crawl out of the 60s and 70s and get with the technology program. Given the dismal opinion of Realtors in the public, it would seem their time, and our dues, could be better spent working on that, rather than this apparently random defense of their trademark.

Thanks for clarifying. I don't disagree with your point of NAR getting out of the 70's. I've been involved with the local, state and national associations to some degree over the past 15 years. The challenge is the backward thinking of many of the volunteer "leadership" of the organization. When you have a board of directors of, I believe 300 plus, it's hard to imagine anything can get done to move things into the future.

I think realtorgenius.com should get reincarnated as realt0rgenius.com (with the number zero, not the letter "o"). I don't think Realt0r is trademarked, is it?

Kris' comment on RealtorGenius now comes up with a "403 Forbidden Comment" result.
Guess NAR has censored her too???
Can't wait to send in my dues next month!

Kevin,

Realt0r is still too similar to realtor.

Darren ~
I'd bet if you surveyed 100 people about the term "Realtor", you'd be unable to find even one who understands that a Realtor is a real estate agent who is a member of NAR.
The general public thinks all real estate agents are Realtors.
Or, as is often the case, "realitors".
Them's the same folks who think it's "nukuleer" :(
But, if our president sez it, it must be so ~ right?

Snippety comments aside, I do understand their desire to protect their trademark. The larger question is, does casual use of the term "Realtor" cause confusion in the marketplace (the litmus test for trademark infringement claims), or has the term become so everyday generic that the majority no longer perceives any unique meaning? I think we know the answer to that one.

Joe - Maybe you can speak to this. My bigger question is how is it inappropriate for an agent who belongs to the organization and is therefore entitled to call himself a Realtor to use the term in his business URL? A non-dues paying member I can see; a member I can not.

Really, it is just a bunch of silliness in the context of the more pressing issues our profession should be addressing.

Kris

The NAR position, as I understand it, is it is OK for a Realtor to use the term, and even trademark it, if it ALSO contains the realtor's name or their business name. So if Genius was the realtor or business name, it would be fine. Here are 2 registered trademarks that point to that result:

Carol B! Realtors. Registered July 2007
Coach Realtors. Registered

The trouble with the word is that it is probably generic to the general population but not to those in the industry. A properly conducted study, as the TM Appeals Board pointed out, might force the issue and lead to the term tumbling into the public domain.

NAR must feel the trademark defense is necessary to protect its brand vis-a-vis members. (Defense is necessary as far as the TM office and courts are concerned) In NYC we have REBNY, a NAR equivalent. Not all brokers and agents are REBNY members. But I can assure you that REBNY has cachet, brokers protect it and foster it to justify their dues and get more clients by virtue of that distinction. It seems that might not be the case for Realtors.

And yes, NAR has other fish to fry.