Interactive
May 15, 2001

Response To: Why News Editors Don't Honor The Realtor Trademark (Blanche Evans - 04/11/2001)
Main Topic:

Why News Editors Don't Honor The Realtor Trademark


Responses as of 05/11/2001
Posted By: nickproios - 05/15/2001 04:18 AM

Responses so far.:

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Barbara,REALTORŪ. - Florida.

Dear Nick, yes...I received the same type letter from NAR's "policing squad" on the illegal use of their trademark name. It is hard to believe that you found 711,000 other people who are "illegal" also.....I am in the process of changing mine even though I have used it for the last 7 years and never even knew I was in violation of their policy. What else can we do? Have you heard from other REALTORS since sending your letter?
Below is the last letter I received from them when I wrote back and told them that I thought when I did my "research" and bought my web site domain name that ....the name "could be used"..if it was used with a hyphen separating the word REALTOR from any other word used.
Sincerely,

Barb

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Heidi,REALTORŪ. - Connecticut.

I too received the same letter last fall. I was threatened, harassed,
etc... Unfortunately for you, they are right! The NAR adopted rules in
January 2000 (?) about the use of "realtor" in web sites. They're on the
NAR site, and pretty clear. What saved me, and shut them up, was the fact
that I have had this (and other) domain (s) for over 3 years now... No way
they can adopt new rules and then expect me to conform, since "I was here
first". I informed them of that, and reminded them that their rules were
put in place long after I started my site(s), so they had no grounds to ask
me to remove my domain. I won! Good luck with your battle - they can get
nasty...

Heidi

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David,REALTORŪ. - Georgia.

I pay my $ to the NAR, therefore; it is my perception I can use a title that I pay for the right to use. However; I do wish to trademark the "@" sign or any particular vowel (not "Y"), so that no one can use that either without my permission.
Fight the good fight.

David

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Sandy,REALTORŪ. - Montana.

Hi Nick,
Sorry to hear about your difficulty! I know sometimes when you request a "user-name" that is already taken the "system" comes back with a possible alternative such as; realtor718, etc.
The "system" does understand such things as legalities so, I would try to come up with more of a unique name of some sort or another.
Anyway, realtor718, doesn't sound so impressive as something you could possibly come up with on your own. I wonder whatever happened to realtor1 through realtor717, and probably beyond that now? Isn't kind of strange how its always the little guy that gets pick on and not a big guy like Realtor.Com, or one of them others.
How did they ever get away with that anyway? Hope you are happy with your resolve and everything works out better for you.
Kindly keep in touch if you can.

Sandy

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Marina,REALTORŪ. - New York.

Nick, if I'm not mistaken you can register your name/website at: Realtor.com
By the way, do you think someone complained to them (cause it says that it
was called to their attention) and that is why they are bothering you?
just a thought!

Marina

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Peter, Realty Times - http://www.realtytimes.com

Nick Thanks for your note. In general, it is entirely normal for organizations to seek control of their copyrights and service marks. Many companies, as an example, advertise in journalism magazines pointing out the proper use of their name to prevent them from slipping into the public domain.
Your attorney can provide proper advice regarding your specific questions.
All the best.

Peter

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Marina,REALTORŪ. - New York.

Dear Nick: I?ve read the literature that you sent me and I am truly started. It is unbelievable how many things and people interfere and try to complicate a realtor?s way of doing business. If we?re not hassled with all the legal bologna that we have to know plus all the different cease/desist, no-call, etc.

Anyway, who said this was a free country????? I guess you can pretty much do anything you please, eat anything you?d like, drink as much as you want, choose any religion you feel conformable with, even proclaim new religions, BUT you CANNOT register an inoffensive domain called Realtor718.com. I think somewhere down the line, someone forgot to add that amendment to the constitution of the US. I think it fits perfectly right between the first and second amendments. So, it should read something like this:

Article I- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article 1.1- No individual shall register the domain Realtor718.com. If such RULE is violated, then the person will be charged by the NAR militia Legal Affair Dept and be considered fraudulent and be obligated to change is legal name.

Article II - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Don?t you think it would fit perfectly???? Well Nick, I have a few suggestions for you.
1. Change your legal name to 718
2. Change you name to 7 1/8
3. Open up an office named 718
4. Get a pet named 718 and register the domain under its name. (joke----NOT)

Best of Luck!!

By the way, when you first registered this ?INFAMOUS? domain, were you advised that you were violating the new article 1.1 of the constitution?

Marina

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Tassos - New York - http://www.webworks.com

Nick, Is far as I am concerned they are trying to challenge your right to free
speech by suggesting your domain name embodies your distinguishable identity.
This is merely deception. You are distinguished by the service you provide and
the display you make on your web site. If you employ a recognizable name
the interpretation of that name lies in the hands of the reader and is not your responsibility. So long as it is not morally offensive.
What you have here is an intrusion on your right of expression within the bounds
of the continental United States, rights guaranteed by the constitution
of the United States.

Tassos

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Barbara,REALTORŪ. - Florida

Dear Nick....Received all your emails...thanks alot.
You are quite the "fuuny" guy as I am one with a great sense of humor too.
No...I don't think anyone in Cyberspace would be searching for the 718th Realtor on this planet or any other...and really don't know why these people just can't leave us alone so that we can deal with the homes infested with Termites and structural problems...... etc etc and all the other "dumber than a bag of Rocks"...Agents that still are living in the Dark Ages..."giving us a bad name" just by using the "trademark" word REALTOR that happens to follow thiers! ha! Have a good weekend...go de-stress somewhre.....as
I'm off to Las Vegas in hopes of "running away from it all"! ha ha ha

Barb. aka STILL..... melbourne-realtor

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Terry www.realestateabc.com

Nick: I wouldn't fight it. The main reason is because you're a member, just an individual, it would cost you money, and www.realtor718.com isn't such a "hot" domain name that you really need to defend it. Somewhere on the onerealtorplace.com web site (and on realtormagonline.com) there is a "style sheet" that discusses the "proper" use of the word "REALTOR" in domain names. The basic rules are that you can use your name with "Realtor" but not anything else, such as a geographic name, area code, zip code, etc.

At the same time, the domain name "onerealtorplace.com" is a violation of their own rules. I read an article once where they said they could violate the rules, but no one else could.

If you want to fight them, do it over something that makes sense and is worth the fight. For example, get a domain name like "realtordirectory.com" and create a directory of Realtors. It is in violation of their rules, but in my mind, it uses the trademark name properly, as long as only Realtors are listed in the directory. For example, suppose someone created a site that had a bunch of recipes that used Jello and created a site called "jellorecipes.com"...could the company that created Jello sue the owner of the domain name?

But I'm not an attorney, so I cannot give you legal advice.
You're a member of NAR and it is probably important to you to protect
that membership -- so I wouldn't really fight it.

Terry Light www.realestateabc.com

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Anonymous

Go for it.......get as much exposure as possible

Anonymous

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Bonnie,REALTORŪ. - Connecticut.

Dear Nick,
As angry as we are with NAR and company, we can't overlook the fact that there are clearly stated rules that we agreed to abide by regarding the use of the word Realtor. These were given to us along with NAR's code of ethics and all the other regulations we must follow. As for registered trademarks, I've just regeistered a domain name and it took me a year to do so. There are all kinds of policies and laws regarding infringement, and my suggestion to you is to find another domain name which does not include the word "Realtor". As for the use of the acronym "NAR"...if it's not registered or trademarked you should be able to use it. But beware, NAREP (National Association of Real Estate Professionals) is a registered trademark. I hope I helped clear this up for you.
Bonnie Clark