Comments on: Can the Realtor Trademark Fall into the Public Domain? http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/ Mon, 1 Dec 2008 18:16:21 +0000 http://wordpress.org/?v=2.3 By: Realtorclix Served Cease and Desist For Trademark Violation | How To Split An Atom http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-168618 Realtorclix Served Cease and Desist For Trademark Violation | How To Split An Atom Wed, 19 Dec 2007 23:09:43 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-168618 [...] a part of a larger phrase was not seen as a dilution of the trademark. Especially when there is a strong argument that Realtor as a term should already be a part of the public [...] […] a part of a larger phrase was not seen as a dilution of the trademark. Especially when there is a strong argument that Realtor as a term should already be a part of the public […]

]]> By: Athol Kay http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-132669 Athol Kay Tue, 09 Oct 2007 06:38:28 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-132669 Realtor Genius was told to cease and desist by NAR for use of the word Realtor. It's now Agent Genius. Realtor Genius was told to cease and desist by NAR for use of the word Realtor. It’s now Agent Genius.

]]> By: Bonnie Erickson http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-132628 Bonnie Erickson Tue, 09 Oct 2007 02:19:53 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-132628 Minnesota is one of the states that require membership in the association to have access to the MLS. Since non-member agents cannot post their listings to the MLS, it would stand to reason that their earning power would be less . . . unless the stats on how many homes are sold through the MLS are also fabricated. Just how do they track the ones not on the MLS? The links to RealtorGenius are showing a new name and a missing post. Most probably an ominous warning. I'm not sure I would agree that members of NAR know the difference between real estate agent and REALTOR any more than the public until they get a cease and desist letter. I know many agents who improperly use the word REALTOR in everyday life. What did you answer the last time you were asked your occupation? Minnesota is one of the states that require membership in the association to have access to the MLS. Since non-member agents cannot post their listings to the MLS, it would stand to reason that their earning power would be less . . . unless the stats on how many homes are sold through the MLS are also fabricated. Just how do they track the ones not on the MLS?

The links to RealtorGenius are showing a new name and a missing post. Most probably an ominous warning.

I’m not sure I would agree that members of NAR know the difference between real estate agent and REALTOR any more than the public until they get a cease and desist letter. I know many agents who improperly use the word REALTOR in everyday life. What did you answer the last time you were asked your occupation?

]]> By: Athol Kay http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131494 Athol Kay Thu, 04 Oct 2007 14:31:44 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131494 >>Step two is the tricky part. Does the majority of the public understand that realtor only refers to members of NAR? Actually that's the easy part in some States. If the local Realtor Assoc owns the MLS and you have to become a member of NAR to get MLS membership, then all real estate agents in the State are realtors. There is no difference between them in the publics mind. Realtor = real estate agent. Meanwhile my realtor dues turn into glossy advertising mailed to me a couple times a year explaining how realtors belonging to NAR make more money than "mere" real estate agents. I can't make this crap up. >>Step two is the tricky part. Does the majority of the public understand that realtor only refers to members of NAR?

Actually that’s the easy part in some States. If the local Realtor Assoc owns the MLS and you have to become a member of NAR to get MLS membership, then all real estate agents in the State are realtors. There is no difference between them in the publics mind.

Realtor = real estate agent.

Meanwhile my realtor dues turn into glossy advertising mailed to me a couple times a year explaining how realtors belonging to NAR make more money than “mere” real estate agents.

I can’t make this crap up.

]]> By: Genius Realtor Comment of the Day http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131248 Genius Realtor Comment of the Day Wed, 03 Oct 2007 19:15:21 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131248 [...] Can the Realtor Trademark Fall into the Public Domain? [...] […] Can the Realtor Trademark Fall into the Public Domain? […]

]]> By: Reason Number 4,761 the National Association of Realtors is Useless | Phoenix Real Estate and Homes for Sale - Dalton’s Arizona Homes Blog http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131184 Reason Number 4,761 the National Association of Realtors is Useless | Phoenix Real Estate and Homes for Sale - Dalton’s Arizona Homes Blog Wed, 03 Oct 2007 17:03:37 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-131184 [...] Not to Joe and Rudy … I hope someone tries it. I really do. Since most of us are members only because we have to be to maintain our MLS access, there’s no exclusivity to being a REALTOR versus a regular real estate agent no matter what they say in that moronic ad campaign. [...] […] Not to Joe and Rudy … I hope someone tries it. I really do. Since most of us are members only because we have to be to maintain our MLS access, there’s no exclusivity to being a REALTOR versus a regular real estate agent no matter what they say in that moronic ad campaign. […]

]]> By: sellsius http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130991 sellsius Wed, 03 Oct 2007 03:51:07 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130991 Very interesting. Thanks Maureen. Very interesting. Thanks Maureen.

]]> By: Maureen Francis http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130985 Maureen Francis Wed, 03 Oct 2007 02:57:22 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130985 Your trademark search has expired. NAR has limited ability to protect "realtor." I only mean this in terms of the resources they commit to it. There are a bazillion violating websites out there using "realtor" incorrectly in their urls. I think NAR rarely goes beyond the cease and desist letter. Your trademark search has expired.

NAR has limited ability to protect “realtor.” I only mean this in terms of the resources they commit to it. There are a bazillion violating websites out there using “realtor” incorrectly in their urls. I think NAR rarely goes beyond the cease and desist letter.

]]> By: sellsius http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130976 sellsius Wed, 03 Oct 2007 01:51:49 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130976 The reality seems to be that consumers use the terms realtor and real estate agent interchangeably, while real estate professionals and insiders KNOW the difference. (that's why NAR wants members to capitalize and use the circle r whenever possible.) This makes the generic case harder to win. Also, check the dictionaries. Realtor is usually defined as a member of NAR. Score another for NAR. As a lawyer, I can say NAR is doing what it must do to protect its mark-- any laxness can indicate an acceptance of the consumer reality. So, NAR is right to demand that Realtor Genius cease and desist-- it's just good lawyering. Notwithstanding, I think a blog about the industry by a realtor may not only be safe but may actually be suitable for trademark protection itself. If RealGenius tested it, they'd have a good shot IMO. Here are all the registered marks using realtor at uspto.gov: http://tinyurl.com/2lzp5q The reality seems to be that consumers use the terms realtor and real estate agent interchangeably, while real estate professionals and insiders KNOW the difference. (that’s why NAR wants members to capitalize and use the circle r whenever possible.) This makes the generic case harder to win. Also, check the dictionaries. Realtor is usually defined as a member of NAR. Score another for NAR.

As a lawyer, I can say NAR is doing what it must do to protect its mark– any laxness can indicate an acceptance of the consumer reality. So, NAR is right to demand that Realtor Genius cease and desist– it’s just good lawyering.

Notwithstanding, I think a blog about the industry by a realtor may not only be safe but may actually be suitable for trademark protection itself. If RealGenius tested it, they’d have a good shot IMO. Here are all the registered marks using realtor at uspto.gov:

http://tinyurl.com/2lzp5q

]]> By: Zillow Gets a Realtor Poll as RealtorGenius Gets the Shaft http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130973 Zillow Gets a Realtor Poll as RealtorGenius Gets the Shaft Wed, 03 Oct 2007 01:31:45 +0000 http://blog.sellsiusrealestate.com/trademarks/can-the-realtor-trademark-fall-into-the-public-domain/2007/10/02/#comment-130973 [...] About Us « Can the Realtor Trademark Fall into the Public Domain? [...] […] About Us « Can the Realtor Trademark Fall into the Public Domain? […]

]]>