Dangerous to use 'Realtors' in a dn?

[Bannen]

I'd only heard scraps and bits of info, and haven't found any reference yet on the legal/illegal use of the word 'realtor' in a dn - at least, for someone who isn't a licensed realtor. I had heard that it IS okay to use 'realty'.

I just put up the freshly-reg'd name 'useRealtors.com' for appraisal, but I wanted to ask anyone in this forum what to expect? Good chance of me losing the name immediately?

And if so, would I have to give it up to any old realtor who asked, or would it only be given up directly to NAR (National Ass'n of Realtors)?
Just fishing for info, in case the situation arises...

Any help - especially from any realtors on Namepros? - would be great.

 

[Kate]

Answer: http://www.namepros.com/available-d...th-realtor-a-must-read.html?highlight=realtor

 

[cera]

Check out the following

http://www.realtor.org/rmomag.nsf/pages/lawoct04
http://www.arbforum.com/domains/decisions/137218.htm

NAR could possibly take it - "any old realtor" wouldn't stand a chance though.

 

[RJ]

It would be perfectly usable by a member of NAR. Could you sell it to a REALTOR?

 

[Bannen]

Thanks, all. Especially for linked info, that specific detail is exactly what I wanted to find, you've saved me a lot of hunting.
No more replies necessary, at least for my sake.

 

[Dave_Z]

Courtesy of Dr. Berryhill in another forum:

http://ttabvue.uspto.gov/ttabvue/ttabvue-92032360-CAN-33.pdf

And of course straight from the realtors' site:

http://www.realtor.org/letterlw.nsf/pages/mmmPartOne#OneI

 

[jberryhill]

It would be perfectly usable by a member of NAR.

You might think that, but Realtors are also bound by their agreement with the NAR, and the NAR also restricts the manner in which Realtors can use the term in internet domain names.

 

[Bannen]

Prob solved:
I don't like reg'ing tm'd names, even inadvertently. I'd only heard something nebulous about 'realtors' so it didn't really 'take' and I reg'd that name. But once I looked into it clearly today, it doesn't make sense to keep it.

My domaining pard reg's tm names like crazy (and enjoys the occasional c&d email), but I don't like it; I like to be 'clean' and carry on with the more fun things in domaining.

I contacted NAR directly, and we'll figure out whether I should push the name to them/someone or just leave it in limbo until drop time.

Thanks to you all for the quick comments. NP's a great forum for that.

 

[labrocca]

Interesting I never knew that Realtor was a TM...

 

[jberryhill]

The NAR will typically request that you disable the name and not renew it. They don't want a bazillion domain names.

 

[Dave_Z]

The NAR will typically request that you disable the name and not renew it. They don't want a bazillion domain names.

Now there's a "reasonable" complainant for ya. :hehe:

 

[Bannen]

Follow up

Nice letters from some legal people. My pard got another c&d today for some of her 'tamiflu' names, and when she complied politely they were so nice

Here's the closure for my 'realtor' name, just received this reply:

Thank you for your question which was forwarded to me by our Information Central Staff. We appreciate hearing that you and others in the domain industry are recognizing that this is a trademark and that you have made a policy of not using others trademarks in domain names. We have so many violations, that there is no way we could house or purchase all of the names that are improperly using the trademark, so we would sincerely appreciate it if you would just let this name expire.

Iris646, you have certainly made my day, it is very refreshing to hear from someone who is trying to do the right thing in these circumstances. Thank you!

Best regards,
Mary (Blanked), Trademark Administrator
Legal Affairs Division
NATIONAL ASSOCIATION OF REALTORS®

Then I went to Namecheap, my registrar, and had them drop the name.
I like it when it's nice and clean like that.
Thanks again for all help, repliers.

 

[obvio]

I don't get it, how could a common word like that be a trademark?

 

[primacomputer]

Plenty of people use the term realtors in their company name and trademark. There are thousands of domain names registered that contain the term realtor. And there are at least 100 countries in the world where the NAR doesn't exist.

There are plenty of legitimate non infringing uses for the name. It all depends on what you intend to do with it.

 

[jberryhill]

Plenty of people use the term realtors

Yes. In the US, that is because the term is a type of mark called a collective mark, which is inherently used by a lot of people - all of whom are members of the NAR.

I'm just not doing the whole realtor thing again. In the U.S., the NAR can, and does, take legal action to enforce their mark.

There are thousands of McDonald's franchises which use "McDonald's" as the name of their franchise. It is because they are licensed as franchisees.

Make that a large franchisee... .and a diet Coke. heh.

 

[sm]

how would it be if the term were to be used in a domain name for a site that would essentially cater to the real estate community in a country other than the US ?

 

[obvio]

I think there's just a bunch of rich old timer realtors with money and lawyers that are just upset about this whole internet thing that they just don't quite get yet. That's what it boils down to at least.