The NAR (National Association of Realtors) sent our buddies at RealtorGenius.com a cease and desist notice. Their domain violates the NAR trademark "REALTOR". Huh. Mayhap they should have gone after whoever has parked the domains "RealtorsStink.com" or "RealtorsSuck.com" or "FuckRealtors.com". Those would all seem just a wee bit more derogatory than RealtorGenius.com… One would think the NAR could find a better use of their time. And my dues. From RealtorGenius:
It was a lot of fun while it lasted as the site has won several awards just by its peers and is proud of that fact. We’ve not decided whether to move it, or just /close the domain. More to follow in the following days.
My comment there was:
- Jay Thompson (199.64.0.252) wrote:I say transfer it to NARGenius.com — which was available until I bought it seconds ago. I’ll gladly transfer it to you, no charge.If the NAR whines about that, tell them to take it up with the National Association of Rocketry, Nucleic Acids Research, NAR-anon, the hip-hop group NaR, or the Merrill Lynch S&P midcap 400 index fund that trades on the Amex under the symbol NAR…
Others opine: Bloodhound, Comeover.com, sellsius, 3 Oceans, Jonathan Dalton,
Technorati Tags: NAR, National Association of Realtors, RealtorGenius.com
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Kelley 10.02.07 at 11:55 am
There seems to be selective enforcement of violation of their policy. Several years ago, I had to shut down a couple domains when I got cease and desist emails from NAR for using the word “realtor” improperly in the domain.
Now someone else is using the exact same domains that I was, apparently without trouble from NAR, far as I can tell. Luckily, I didn’t pin my online identity to anything with the “r” word in it.
Joseph Ferrara.sellsius 10.02.07 at 1:25 pm
I was asked to look at realtorclix.com, which inspired this morning’s post on whether realtor has become a generic term
http://tinyurl.com/2sd9ol
Jay - The Phoenix Real Estate Guy 10.02.07 at 1:36 pm
Kleenex, band-aid, aspirin, realtor….
That was a great post Joe, much food-for-thought.
I ony have anecdotal evidence, but *overwhelmingly* people that I talk to have no idea that “REALTOR” is a “brand name”. The vast majority of Joe Q. Public thinks realtor = real estate agent and have no idea it’s “members only”.
Interesting the RealtorClix is trademarked. So they took a trademark (Realtor) and added “clix” at the end of that, and trademarked it? So the NAR has a hissy fit over RealtorGenius but lets RealtorClix slide???????
Barry Cox 10.02.07 at 4:21 pm
I too wish NAR would find something else constructive to do with their time and my dues as well.
george 10.02.07 at 4:56 pm
I cant believe this actualy happened, what a bunch of hogwash. Were they just a easy target or what, what can actualy happen if you dont cease and desist. What can they do. If you dont belong to nar then you should be able to use it without reprecussions. Horrible.
Chris LaBarbera 10.02.07 at 5:48 pm
NAR really abuses the way that they handle the name Realtor. I can understand if Realtor is being used in an inappropriate manner.
They will not even allow you to use the term Realtor along with a state name or a city name. They should allow Realtors to use it however they want, as long as it is respectful.
Richard 10.02.07 at 7:21 pm
Yes! I just love paying dues for nothing.
Rick 10.02.07 at 7:45 pm
LOL! I like Jay’s solution to the problem. To me it’s unfortunate that the NAR would attempt to prevent any resource from being available to consumers. It just isn’t right in my opinion.
Maureen Francis 10.02.07 at 8:00 pm
I think I am the lone voice of dissension. I actually do think that NAR should either defend the trademark vigilantly or drop the whole thing and let the word be what the rest of the world thinks it is!
Dan 10.02.07 at 8:23 pm
All this on the heals of the Active Rain Move.com fiasco.
http://blog.rentbits.com/xblog/?p=8
Jay - The Phoenix Real Estate Guy 10.02.07 at 10:46 pm
I’m not necessarily opposed to the NAR defending it’s trademark Mo. It’s the apparently *complete* randomness that bothers me. There appears to be no rhyme nor reason to how the NAR goes about deciding upon which domain to throw down the gauntlet. There are URLs misusing the trademark that have been around for years.
The requirement to put the word REALTOR in all caps is just downright stupid, and someone at the NAR ought to get a clue and bring that requirement out of the 50s and into the 21st century.
What is the ROI of chasing down domain names? If the NAR wants to protect the word “realtor” why didn’t they (years ago) buy some of those derogatory URLs I mentioned? How does sending a place like RealtorGenius.com a C&D help “protect” the trademark?
Instead of playing Internet cop over a word, I would think that given the overall impression of Realtors in the public eye, it would seem that the NAR could find far better uses of their time, and our money. How about a real campaign to help the public perception of Realtors (and ads like “Now is a great time to buy and sell a house” don’t really cut it.)
Joseph Ferrara.sellsius 10.02.07 at 11:53 pm
I have offered my legal services to RealtorGenius, free of charge. The solution may be as simple as saying the site has nothing to do with NAR and no claim is made to the mark “realtor”. Simple.
Late Night Austin Real Estate Blog 10.03.07 at 1:36 am
The fact that NAR wants everyone to say REALTOR is just silly. At a time that realtors are have a problem with their public image requiring people to shout every time they use the word realtor really hurts our public image. NAR really needs to sit down with some technology savy realtors to get input about how to respond to changes in the industry. Its amazing how clueless they seem in some instances.
john harper 10.03.07 at 8:11 am
Jay thanks for the heads up. Once again the NAR demonstrates their real stripes. As I often say, your actions speak louder than words. The NAR is a classic example of an association no longer in touch with it’s members, its mission, or the times.
This is obviously a retalitory action based on Realtor Genius’ high level of exposure and the posts taking the NAR to task.
Kris Berg 10.03.07 at 8:11 am
>Kleenex, band-aid, aspirin, realtor….
Too funny, and I swear I wasn’t plagiarizing. I guess we are just wired the same (which makes me a little sad for you). My comment on RealtorGenius this morning:
Jay - The Phoenix Real Estate Guy 10.03.07 at 8:56 am
“I guess we are just wired the same (which makes me a little sad for you).”
Actually Kris, I can’t think of very many people I’d rather be wired like! Seriously.
B.R. 10.03.07 at 9:19 am
*blush* Kris Berg wants to chain herself to my homepage! I think I am probably in agreement with Maureen in general, but I do not believe that I am violating a trademark that I pay to keep trademarked, nor do I believe realtorgenius has done anything but add a positive perception about our profession. Having said that, I now find myself in a very interesting position as they have held me accountable, I believe that it may be time to hold them to the same level. We are pondering all of our options- all of them. We got our first letter the day after Greg verbally punched NAR in the puss on BHB- the letter went out to realtorwives (which is used on contribute list), realtorgenius, and even ordered her to immediately c&d realtorwives @ yahoo email account. After making administrative changes to the domain name and notifying them of the updates, an even stronger email followed from them. I called and spoke with a very nice lady in NAR legal who is basically doing her job- she explained and I am fully cooperating- this does not mean I agree with it.
Scoot 10.03.07 at 5:12 pm
I own a domain called realscottm - am I in trouble? Is NAR jealous of the blogging realtor community? Were they hoping to corner the ciber real estate? I don’t know that they shouldn’t be happy that we are still here paying some pretty hefty dues, and they haven’t become extinct. I’m glad for who and what they are, but this is cannibalism.
Jay - The Phoenix Real Estate Guy 10.03.07 at 5:35 pm
Scoot - the NAR has rules about the use of the word “Realtor” in domain names. You’re fine with “real” or “realty” or “real estate”.
It’s not *completely* against the trademark to use Realtor. I could, for example, use JayThompsonRealtor.com. And of course, Realtor Associations aren’t restricted by this rule. If I’m not mistaken, if “Realtor” or “Realtors” is in the legal name of a brokerage, then it can also be in a URL. So If I had a brokerage called “Thompson’s Realtors” then I could use ThompsonsRealtors.com. (but don’t quote me on that last point…)
daniel butterfield 10.04.07 at 11:22 pm
Regarding the NAR issue and the use of the term Realtor, I for one was not aware that Realtor had referred to only real estate agents in the NAR association. However, I have done most of my business (10 years) in the Midwest and have only been in Phoenix for the last 3 years. Seeing stuff like this occur really makes my blood boil but then when I see stuff posted on Jay’s site it relaxes me because his jokes and comments are great. And finally I then remember that I am sort of anti-MLS to begin with as I sell most of my properties word or mouth so I guess it doesn’t matter to me. Also be sure to visit Sellsius’s site (pingback below) he also has great comments.
Daniel