Comments on: Genius Realtor Comment of the Day http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/ Tue, 2 Dec 2008 02:49:51 +0000 http://wordpress.org/?v=2.3 By: Miata Round Up » Blog Archive » Real Estate and The Social Network Effect http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-167571 Miata Round Up » Blog Archive » Real Estate and The Social Network Effect Mon, 17 Dec 2007 04:00:21 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-167571 [...] trademark with ferocity and has done the smackdown on an untold number of domains in the past. The Sellsius boys have taken up the cause to help. Nice but futile, NAR will not give in on the issue. The [...] […] trademark with ferocity and has done the smackdown on an untold number of domains in the past. The Sellsius boys have taken up the cause to help. Nice but futile, NAR will not give in on the issue. The […]

]]> By: sellsius http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131798 sellsius Fri, 05 Oct 2007 17:42:02 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131798 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. 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.

]]> By: Kris Berg http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131774 Kris Berg Fri, 05 Oct 2007 15:58:24 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131774 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. 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.

]]> By: Phil Hoover http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131576 Phil Hoover Thu, 04 Oct 2007 23:21:23 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131576 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? 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?

]]> By: sellsius http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131357 sellsius Thu, 04 Oct 2007 03:22:07 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131357 Kevin, Realt0r is still too similar to realtor. Kevin,

Realt0r is still too similar to realtor.

]]> By: Phil Hoover http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131352 Phil Hoover Thu, 04 Oct 2007 02:45:47 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131352 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! 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!

]]> By: Kevin http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131348 Kevin Thu, 04 Oct 2007 02:33:46 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131348 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? 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?

]]> By: Darren Kittleson http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131320 Darren Kittleson Wed, 03 Oct 2007 23:57:59 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131320 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. 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.

]]> By: Jay Thompson http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131318 Jay Thompson Wed, 03 Oct 2007 23:54:19 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131318 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. 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.

]]> By: Darren Kittleson http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131317 Darren Kittleson Wed, 03 Oct 2007 23:48:21 +0000 http://blog.sellsiusrealestate.com/nar/genius-realtor-comment-of-the-day/2007/10/03/#comment-131317 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. 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.

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