NAR steal word Realtor?

[actnow]

I'm not sure, I'd have to look into it as my wife is a realtor and we do use several domains with "realtor" in them as a redirect to her site, but they have never came after us, and it's been a few years now.

I assume your wife is a member of the assn. If you are using the name to promote
her real estate service. Then, they will not bother you.

 

[nicpal]

I assume your wife is a member of the assn. If you are using the name to promote
her real estate service. Then, they will not bother you.

She is....you cannot operate without paying the dues...

 

[JuniperPark]

1) Not all real estate against are Realtors... they just did a TV commercial based on that.

2) About a year ago Realtors were warned that their membershipo could be revoked if they used "Realtor" in a domain name.

 

[jberryhill]

"Is it safe to assume that if your are a certified " Realtor " that you would be able to use a Domain containing the " Realtor " term/word in it?"

If you are a member of the NAR, then you have agreed to abide by their rules, and the NAR publishes a trademark handbook for its members.

Briefly stated, the rules concerning domain names are here:
http://www.sabor.com/images/logorules2.htm

Whether a Realtor is in violation of the membership rules that apply to use of the mark is an issue which has absolutely nothing to do with the UDRP or the ACPA, it is a contract issue.

 

[Tippy]

Thanks for the link John

Mike

 

[nicpal]

Thanks for the link John

Mike

So I guess whoever paid $1500 for TampaRealtor.com on Pool a month ago is SOL.....good thing I didn't bid that high!

It would make sense though as the local association's URL down here is GTAR.org.

 

[DaddyHalbucks]

"Realtor" is clearly a famous, distinctive, and registered trademark.

The success of the NAR in getting real estate agents to join its group and abide by its ethical standards doesn't diminish the mark, it enhances it.

The NAR has invested a hundred years of building its brand and defending its mark.

Cybersquatters BEWARE!

 

[namedropper]

You poor mentally disturbed person

What, and you claim *I* attack *you* aggressively?

Just admit you are wrong and go away, these personal attacks are boring.

 

[Garry Anderson]

Dan - that was in response to your "But then Garry is just looking for an excuse to go off on another uninformed rant and give out dangerously bad advice."

THAT WAS RESPONSE - as are all my rebuttals.

You are the aggressor.

If you cannot take it - do not deal it out - you poor sole

I notice you and John are unable to counter the arguments:

e.g. That "realtor" is most obvious progression for the seller of realty - given that "vendor" precludes it by over 300 years and other countries use the same word.

Obviously just a little bit too dificult for you chaps to understand.

Do not be so afraid to admit it - go on - you can do it ;-)

P.S. Another tip for you chum - the following sentence is advice:

"You should really learn the difference between facts, advice and opinion - my little chummy."

 

[Ovicide]

This is interesting:
www.tamparealtors.com/

Registered April 2001.

 

[nicpal]

This is interesting:
www.tamparealtors.com/

Registered April 2001.

When someone trademarks a term like realtor, I assume the plural would apply to the trademark as well. As with this link we can see that BuyDomains owns 297 domains with the term "realtor" in it, thus they are infringing on NAR's mark. I'm sure someone would like to drop the dime on them.

e.g. That "realtor" is most obvious progression for the seller of realty - given that "vendor" precludes it by over 300 years and other countries use the same word.

This pissing match is just plain childish. To say that the term realtor is an obvious progression realty hence the term vendor, is just speculation and reaching speculation at that. Should we all be called domainors because we obviously sell domains. Hurry up and trademark the term!

 

[actnow]

As with this link we can see that BuyDomains owns 297 domains with the term "realtor" in it, thus they are infringing on NAR's mark. I'm sure someone would like to drop the dime on them.

I have noticed that BD owns a lot of names that infringe on TM's.

I often wondered why they continue to do it. But, I guess their legal cost are
part of doing business.

 

[Garry Anderson]

Howso "reaching speculation" Nicpal?

You do not seem to have been following argument.

Is it not a fact that "realtor" is synonymous with real estate agent in other countries?

Is it not a fact that no other derivation of the word "realty" is used in other countries?

If "Realtor" is not the obvious progression for the seller of realty - if it is, as you say, "reaching speculation" - why have no other countries not chosen "Realtists" or "Realtyists" or "Realtyers"?

Yet NAR get exclusive use of the word in the USA.

It seems the whole world recognises the generic word as the obvious progression of "realty" - except for NAR and its lackeys.

P.S. I do not need to go in for "pissing matches".

 

[Garry Anderson]

I have noticed that BD owns a lot of names that infringe on TM's.

I often wondered why they continue to do it.

Check your domains - I bet most 'infringe' on registered trademarks also - it cannot be helped.

This is because virtually every word is (or can be) registered as a trademark many times over by different type of business in same or different country.

 

[nicpal]

I have been following the argument. Don't you think that other countries adopt US words, phrases and slang into their own vernacular? In fact, most of the world watches what the US does and follows suit, so why should this be any different. I know for a fact that that the Russian adoption of the word "realtor" or "rieltor" by their spelling has just come into play in the past few years. In fact I own Rieltor.com,.biz and .org. These overseas markets are just picking this up many years after the fact the word "realtor" has been used in the US. As I stated before, in the 80's it was "real estate agent or broker" used to describe what is now known more commonly throughout the US as a "realtor". Sure the word may have been coined almost a century ago, but how often was it used....not widely I'm sure.

 

[nicpal]

Check your domains - I bet most 'infringe' on registered trademarks also - it cannot be helped.

This is because virtually every word is (or can be) registered as a trademark many times over by different type of business in same or different country.

True enough, I register alot of domains in haste to get them backordered only to find out late they are trademarked. I find it is not very common for the large percentage of companies that own the trademark to come after a domain. It's probably a very low percentage as I've only received a 3 C&D Letters out of 1000 domains.

 

[Garry Anderson]

Nicpal> Don't you think that other countries adopt US words, phrases and slang into their own vernacular?

Yes, I entirely agree, this is true of countries adopting French words.

Remember what Bush said - "The French have no word for entrepreneur" ;-)

However, name any other word (in any country) that is trademarked and used generically in other countries for the same function.

Given for over 300 years prior "vendor" was used for one whom sells - "realtor" seems the obvious progression for sellers of realty.

Sorry if you think this is "reaching speculation" - I consider it just basic common sense.

As regards your C&D letters: Infringement is when "there exists a likelihood of confusion on the part of the public" - which is why corporations (and lawyers) do not want registered trademark domains identified as such.

 

[nicpal]

The reason I used the term "reaching speculation" was because you said that it was an obvious progression. Maybe not so obvious to some. I not going start making up other words they could've chosen, and I do see your point. It's just just more common that an "er" would be added to the end of the term than an "or" in the English language. I know that there are exceptions.

I do believe that there was a case similar to this one also that was posted on this board, where the opposite ruling was upheld because of the widespread use of the term in question. I remeber it was not so long ago maybe end of last year...I'll see if I can find. I am always amazed at how decisions on cases so similar are rendered so differently.

 

[namedropper]

I notice you and John are unable to counter the arguments:

e.g. That "realtor" is most obvious progression for the seller of realty - given that "vendor" precludes it by over 300 years and other countries use the same word.

It's been countered, you are just too stubborn to accept what everyone else here knows already.

 

[jberryhill]

"I do believe that there was a case similar to this one also that was posted on this board, where the opposite ruling was upheld because of the widespread use of the term in question."

Yes, if you actually read the case to which I posted the link earlier, they discuss the "aspirin" trademark, which was originally owned by Bayer. Other former trademarks include zipper, escalator, cellophane, nylon, and many others. Whether a trademark is subject to "genericide" can depend on the enforcement record of the mark. Garry's question about an obvious grammatical derivation is also asked and answered in the same case. Considering that the decision was rendered less than two weeks ago, "Realtor" is not going to be considered a generic term anytime soon.

Besides, a vendor vends.

What does a realtor do? Realt?