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Just got an cease and desist from realtors association for bitcoin domains that contains realtor in it. Rookie move on my part. Too late for grace delete. What are my options here?
I don't get what the issue is here. The OP owns a domain with the term realtor in the domain but it doesn't pertain to their trademark right?
As long as the OP isn't interfering with their trademark they don't have an issue. I took a quick glance and there was one for Jewelry, Tires, Lock Boxes and even Clothing under realtor.
Realtor is in fact a generic word and not owned by anyone as long as you stay away from their TM and others. (You must read what the TM is and stay away.)
If it wasn't generic there would not be other companies with the same TM, that's a fact.
I also noticed that TM realtor was cancelled on 7/25/16 and if it's the same people they have realtors, realtors.com trademarked only. (Didn't do a full search though but even if they did renew the OP isn't selling property, homes etc. like them and wasn't his intention from what I gather.)
Now if the OP is placing ads, property for-sale, close to their mark they have a case but if he has keywords for BitCoin which was his intention I don't see a problem myself.
If you can't optimize the keywords where it's parked then take it to a website, or another type of landing page where it has nothing to do with property, or sales. Or don't direct it anywhere.
Everything has a TM, staying away from the mark is the key. I spent 5K or more a couple years ago to defend a generic word where an arrogant company, attorney thought they had all the rights to the word.
Well guess what I still own the domain if that says anything.
I had a domain taken away from me years ago, when I didn't have the funds to fight these type situations and I can assure you that won't happen again if I can stop it.
Not a attorney but just my 2 cents, take it for what it's worth..
From what I have read, realtor is not generic, it was invented by them and became part of the English language, just like we say to google.
It's a pure TM and would be treated like Google or Microsoft.
http://www.rd.com/culture/surprising-trademarked-words/
Before post this type of stuff have you even looked at other TM's with the name realtor? Come on.. LOL
Accordingly, based upon all the evidence in this record, we find that the marks REALTOR and REALTORS continue to function as collective service marks and have not become generic terms.
11]In 1949, the National Association of Real Estate Boards obtained U.S. registration no. 515,200[7] for "REALTORS" as a collective trademark for real estate brokerage services. In 1950, it obtained a second registration, registration no. 519,789,[8] for "REALTOR", in the same field.
NAR has since obtained registrations for "REALTOR" in such fields as electronic lock-boxes,[9] clothing,[10] and jewelry.[
You're exactly right and are not generic terms for their trademarked use only, that's it.
Like I pointed out there are a few other trademarks using this term, can't be much clearer.
http://www.trademarkia.com/trademarks-search.aspx?tn=realtor
On Wednesday, September 25, 2013, a U.S. federal trademark registration was filed for REALTOR by National Association of Realtors, Chicago, IL 60611. The USPTO has given the REALTOR trademark serial number of 86074481. The current federal status of this trademark filing is REGISTERED. The correspondent listed for REALTOR is KATHERINE R. JOHNSON of NATIONAL ASSOCIATION OF REALTORS, 430 N MICHIGAN AVE, CHICAGO, IL 60611-4011 . The REALTOR trademark is filed in the category of Clothing Products . The description provided to the USPTO for REALTOR is clothing, namely, t-shirts, shirts, short-sleeved shirts, long-sleeved shirts, sweat shirts, hooded sweat shirts, polo shirts, fleece pullovers, sweaters, jackets, scarves, visors, hats, and caps.
@dordomai
I told you other companies have trademarks for the name realtor, I'll provide another link as I didn't go through and read all the TM's.
http://www.trademarkia.com/realtor-76321648.html
Not them right??
The NAR was in contact with the previous owner and according to them it is OK to use as long as you make it clear that your site is aimed only at members of the NAR (I am in possession of the correspondence). If this is possible certainly depends on the name and since you received a C&D its prudent to lay down the pitchfork. But the NAR can be spoken to and they have some people with sense there
US trademark office ruled it not to be a generic term.
And where did they say this? Provide link of non-generic and no one could file a new trademark using this term in any form or fashion? Or have a trademark?
Maybe you should google realtor tires, we can stop the back and forth.
Does avatar sell any goods or services under that name?
It's not even interesting when you start being a troll rather than giving facts and information. I'm trying to provide insight on the subject, you're being your normal self.
Later..
I think it's more likely that you are trolling. Trying to argue that it is somehow a good idea to keep this worthless domain and not worrying about potential legal consequences is really poor advice.
What would be the point of doing this?
Also I was giving facts and information instead of calling others trolls.
I'm simply pointing out that everything has a TM, you may be correct, you may be wrong and like you said it's complex I understand.
I didn't troll you, at least not intentionally. I had responded to your posts and you had responded to mine.
If you think disagreeing with you = trolling I will simply try to stop answering your posts that should solve the problem then.
I totally agree it's best to stay away but if you have a really good domain one may want to look further, seek legal advise.
I'm saying don't let a C & D's stop you in your tracks but rather investigate before you give in if it's worth your time and money. If not drop it.
So much going on with this term realtor the more I look that it would in fact take an attorney to figure this out.
Like: http://www.trademarkia.com/irealtor-87180738.html
On a side note we already talked about this in PM some time ago, right? Stop it..
Happy Holidays to you as well, my best to you and your family domaining aside.
No offence Mad409 but you clearly know nothing about TM law nor the NAR or the term realtor. You thought it was a generic term.
As such I would venture you are not providing "insight" but are just adding to the confusion.
We have a page worth of comments from you that could be summed up to "I dont know really". Better to stay out then.
Great points !ok so it may be a global term but if a bod in the uk wants to buy a house or property in the uk they pop down to an estate agent - just saying -
not many in the uk would know or realise what that tm term means as we use a different word for property resellers etc just as we don't use the word attorney we use lawyer etc
In its most simplistic form, open an English dictionary and see the definition of Realtor:
Dictionary.com
Trademark.
1. a person who works in the real-estate business and is a member of the National Association of Real Estate Boards, or one of its constituent boards, and abides by its Code of Ethics.
Merriam-Webster
Collective Mark
used for a real estate agent who is a member of the National Association of Realtors
Read a couple of books on the factual structure of IP Law, gain an understanding of it and how it functions.
These threads tend to be a lot of the blind leading the blind on an issue which people would do best to learn the basis of IP law from authoritative sources and not from the chirping masses.