Use of the word realtor in domain name?

[vivnet]

Has any one come across any trademark infringements by using the word realtor + another word .com or word + another word + realtor .com in registering a domain name? I registered a 3 word name ending with realtor which is not developed and not for sale anywhere. I did a search and there are over 46 million names registered with the name realtor or realtors in it which do not belong to the National Association of Realtors yet I get this e-mail from the National Association of Realtors informing me I am infringing on their copyright - there is not even a developed site associated with the name. Any help would be greatly appreciated.

 

[DaddyHalbucks]

You aren't infringing their copyright --you are infringing their TRADEMARK.

Realtor is a famous trademark, and you can't win this one, especially if you are not a Realtor yourself.

 

[DNGeeks]

They may not be too aggressive in protecting their trademark, but they do own it nonetheless. You could try and fight it saying they are lax in their protections and thus don't deserve protection, but my bet is you'd lose anyways and it would cost you a fortune.

It's easier to just let it expire or transfer it to them if that's what they want. Maybe you could quickly sell it to a realtor just to make the reg fee back?

 

[vivnet]

Thanks for your responses - very much apppreciated. I happen to be a licensed real estate salesperson - just not a member of NAR - they are telling me that even if I become a member I'm still infringing? How about the other 46 million people who have the word realtor in their domain name? I'm thinking maybe they protected their name after a certain year - not sure. Any help is really appreciated.

 

[vivnet]

I did a trademark search and all I found was a trademark for a drawing. Here's the link:
http://tess2.uspto.gov/bin/showfield?f=doc&state=koeb7u.4.2
I have no drawings whatsoever on my site.
Any help would be great.

 

[Dave Zan]

Questions:

1. Did that email from NAR really say you're infringing on their copyright?

2. What else exactly did that email from NAR say?

3. Is there any way to see if NAR indeed has a registered trademark?

4. How have you been using the domain name in question?

I ask no. 1 to see if they really did say copyright instead of trademark. If they
know what they're doing, they should cite exactly how you're infringing.

On the other hand, another possibly crucial detail is who sent it.

Also, if you checked if NAR indeed has a trademark, compare its registration
date with your domain's.

Lastly, how you've been using the name is ultimately the deciding factor.

 

[StockDoctor]

The NAR has been successful in pulling thousands of "realtor" domains from the net.

If you're a member, if your company name is xxxxxxxrealtors and if the name does NOT identify a certain location or region, (ex. DallasRealtors) I think you might be ok.

Pretty stiff rules me thinks and I'm no attorney. If you are a NAR member, they have an information package they will send out explaining usage guidelines.
Doc

 

[vivnet]

Here's their e-mail:
Improper Use of the REALTOR Marks

The Internet domain name, which you have recently registered has been identified by the NATIONAL ASSOCIATION OF REALTORS as one in which the membership marks of the NATIONAL ASSOCIATION OF REALTORS (National Association) are used as a part of the domain name. The domain name came to our attention as a result of our monitoring of the Internet for use of the REALTOR membership marks. The terms REALTOR, REALTORS, and REALTOR-ASSOCIATE, as well as the REALTOR block "R" logo, are all federally registered collective membership marks owned by the National Association. Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.

The National Association has over 1,000,000 members each of whom is licensed to use one or more of the membership marks to identify themselves and their real estate businesses. Over twenty-five years ago, the National Association developed a comprehensive set of rules governing the proper use of the membership marks by its members to accomplish this in an orderly manner. These rules still apply not only in the print world, but also in the new electronic media. Members of the National Association may find information on the proper use of the membership marks in the Membership Marks Manual which is posted on our website at www.REALTOR.org. The Manual can be found by clicking on the following links: -“Law & Policy” and “REALTOR Trademark Rules.” If you are a member, please review these rules and if you have any questions, please contact me by replying to this email.

If you are not a member your use of the membership marks is incorrect and not authorized by the National Association. Because the use has not been authorized it may also be viewed as an infringement of the National Association's legal rights in its membership marks under the federal Lanham Act and other state and federal laws. To eliminate this potential source of conflict, we would appreciate your cooperation in revising your site and/or domain name to eliminate the use of the membership marks. Many times this is as simple as substituting an appropriate job title for the term being used, for example, real estate broker can often be used without making any other changes to the text. If you would like to read more about trademarks and the rights of trademark owners, there are a number of sites on the Internet, which address this topic.

We are attempting to track our efforts in connection with the Internet and request that you acknowledge your understanding of this request for your cooperation and provide us with your assurance that you will not use this domain name. Our e-mail address is [email protected]. Thank you for your help and we look forward to receiving your reply.

 

[Biggie]

seems as they are 'giving' you a way to properly display your text, that would remedy the "infringement" issue!

read carefully!

 

[vivnet]

Thanks biggy! But I spoke to them on the phone and they were clear that no one - not even members of NAR are allowed to use the name realtor in their domain name associated with a city, town, geographical area, etc. They are very specific about that - you can use biggedonrealtor.com if you are a member but not NewYorkRealtor.com or MiamiRealtor.com - even if you live in those towns. We agreed that I would just let the name expire. I would rather lose $6 than a legal battle - not worth it. But thanks for all your help folks! Very much appreciated.

 

[datat]

A quick search of realtor in expiring domains shows loads are going to drop. So may be thats happening to lots of people.
The rules seem a bit stiff to me.

Sorry not much help.

 

[Ovicide]

The realtor trademark issue was discussed at length in this thread:

http://www.dnforum.com/showthread.php?t=52375

 

[namedropper]

It's been quite extensively established that nobody else but the NAR has rights to the realtor trademark. They have protected this mark extremely well for years, so making a claim that they are not wouldn't work. Just because lots of idiots register names cybersquatting on the term doesn't mean you are OK to do so, as they will undoubtedly have C&D letters if they haven't already. I believe NAR gets so many of these that they often file UDRP complaints in bulk lists all at once, otherwise it would cost them way too much.

Bottom line: You have absolutely no right to the name, no chance of keeping it, and ought to give it up.

 

[vivnet]

Thanks Ovicide & Namedropper - gave it up already - as I said, what's $6 - a frappucino at Starbucks? I'll just pretend I went to Starbucks and accidently spilled my frappucino all over the floor