Got a cease a desist email. What do I do now?

[WhoaDomain.com]

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?

 

[WhoaDomain.com]

Post the name and give it free to the member that you don't like.

That explains why I get offered free domains all the time in NP! LOL

 

[WhoaDomain.com]

Been there. I have shared with several other members my experience with R**ltor TM. They just want you to cancel it or drop it if expiring soon. Nothing else.

Did you even try to sell to maybe a realtor?

Yes I know I'm stubborn what domainer wouldn't try to make w buck out of this crappy situation of a sinking ship? Lol

 

[HKIBC]

Simply fascinating how easy it is to ruin a domainer's day with a CDL. And email, not a proper letter even!

Run for the hills! Destroy all evidence... evidence of what wrongdoing exactly? So someone has a TM. Big deal! First of all, I say ignore the email and wait for a proper letter by registered post. While you wait, do some relaxation excercise... blow into a bag, whatever works for you

Taking this further, assumedly, in their so-called CDL, they're alleging your intent infringing upon their worldwide all 45 Classes TM? Or does it apply to a specific locale and Class only? And have you demonstrated any such intent? Do you have any such intent, even?

Hard to say more without knowing any specifics

PS: playing with any serious number of domains (say, 100's+), other than generics, it's a good idea to learn a wee bit about TM's, UDRP and the like. Inhouse legal counsel is even better.

 

[usernamex]

This sounds like a big PITA but honestly, if you targeted individual Realtors I doubt they would know the law. Although I *think* the same would apply to them, and even though they are accredited, they have to fit the rules.

Actually, you should just post the names and we can help you see if they conform to the rules:
https://www.nar.realtor/letterlw.nsf/pages/TrademarkLogoInternet

Oh wait, you'll have to find Accredited realestatetors (notTM) with the proper name Mr or Mrs Bit Coin huh?!

 

[deez007]

haha...yea, best to drop the domains. The word was created by the association, it's a term they own.

There are many examples that support the questioning and sometimes even challenging trademark claims, this ISN'T one of them.

The only moves you have: 1) become a licensed realtor, figure out how to utilize your bitcoin-themed realtor domains under your license, or 2) drop the domains and walk away without issue.
IMO...but what do I know, I'm just a chimp.

Good luck.

Hmmm so the chimp has got me thinking here.... interesting angle about getting a license.

Perhaps something thats worth looking into if you want to kill it with realtor domains... I mean how many Realtors are domainers and how many domainers are realtors? not many at all I would imagine... so could be a really interesting angle...

Also seems it's a lot more doable that we think:
https://www.biggerpockets.com/forum...and-fastest-place-to-get-my-re-license-online

 

[dordomai]

here is what I would do, assuming this is a regfee domain (not legal advise).

1. Unlock domain.
2. Retrieve EPP code.
3. Send them code
4. Move on.

 

[stewmath]

id ignore it, its an email. Id only take notice to a solicitor sent letter

 

[WhoaDomain.com]

Ok this is odd. Wanted to check whois to see when I reg these domains.

Accidentally looked up bitcoinrealtor.com and it's taken since 2013????

But it has privacy?

Did I get this cease and desist because i did not get privacy?

Couldn't realtor association go after bitcoin realtor.com. owner too?

Maybe I should have gotten privacy?

Also lol just realized got these realtor domains via $1.99 special on domain.com

So yea delete! Lol

But before that


Any way to turn this mistake into a win?

Can anyone comment on the fact that bitcoinrealtor.com exists since 2013?

Is it because realtor association can't find contact info?

Is there a reason they can keep theirs and I can't keep mine?

Perhaps they are realtors ? Doubt it.

 

[WhoaDomain.com]

id ignore it, its an email. Id only take notice to a solicitor sent letter

How do you mean? Solicitor sent email?

Seems legit. Email address main site is realtor.com

 

[HKIBC]

How do you mean? Solicitor sent email?

Seems legit. Email address main site is realtor.com

Email message, unless acknowledged, is not valid from a legal standpoint. You can deny ever receiving it. Not to mention that anyone with a minimum of tech acumen can send you email purpotely from "@realtor.com"

 

[N-A]

1. Trademarks
This is a fairly obvious thing to check, but sometimes it is overlooked. Does the domain name that you are about to buy contain a trademarked term? It can be a very easy thing to overlook; buying a domain containing the term "realtor," for example, is something that seems to occur fairly often among new investors who may not realize that it's a trademark.

Great Info!!

I guess you just post on namePros to see your name. If that was such great info, you'd never be in this predicament to begin with. More time reading and applying what you've learned, less time registering.

Delete or offer the name to them.

 

[hookbox]

Hmmm so the chimp has got me thinking here.... interesting angle about getting a license.

Perhaps something thats worth looking into if you want to kill it with realtor domains... I mean how many Realtors are domainers and how many domainers are realtors? not many at all I would imagine... so could be a really interesting angle...

Also seems it's a lot more doable that we think:
https://www.biggerpockets.com/forum...and-fastest-place-to-get-my-re-license-online

They would never allow that to happen. They will allow you to use a realtor domain if you're a realtor but they would never ever allow you to register multiple domains for the sole purpose of selling them.

 

[ezcoms]

I wouldn't delete it, sell it, or do anything. Park it, or put a bitcoin affiliate link on it.

Don't give in to that B.S.

Don't give in.

 

[Silentptnr]

what does the cease and desist from realtors association state?

Cheers
Corey

I can dig up the letters from them. I also can show Googles tm threat letter.

 

[Silentptnr]

They would never allow that to happen. They will allow you to use a realtor domain if you're a realtor but they would never ever allow you to register multiple domains for the sole purpose of selling them.

Not even a real*or. I am one and they didnt allow it.

 

[deez007]

Hmmm so the chimp has got me thinking here.... interesting angle about getting a license.

Perhaps something thats worth looking into if you want to kill it with realtor domains... I mean how many Realtors are domainers and how many domainers are realtors? not many at all I would imagine... so could be a really interesting angle...

Also seems it's a lot more doable that we think:
https://www.biggerpockets.com/forum...and-fastest-place-to-get-my-re-license-online

They would never allow that to happen. They will allow you to use a realtor domain if you're a realtor but they would never ever allow you to register multiple domains for the sole purpose of selling them.

I'm not sure they could actually stop if you are a licensed realtor, then they can't really limit the amount of domains you own. If they do raise concerns about the buying domains with the sole purpose of selling them then there are many ways around that. Sticking a landing page up with a your details as a realtor on it saying you can "source" peoples dream house for them..or whatever... just some content. Whilst also saying that you are "open" to the idea of selling this page as well for the right price... loopholes exist everywhere, it;s just a matter of finding them. A good lawyer is not one that practices the law by the book without any deviation....a good lawyer is one who understand the law well enough to know where the loopholes are and how to exploit them.

 

[Silentptnr]

I got a Google threat over the look and color of a logo... not even a name. my site was getting super traffic though.

 

[Dominic Belley]

Its a TM issue. Why don't you just delete the domain from your account and stop losing more time on it.

 

[hookbox]

I'm not sure they could actually stop if you are a licensed realtor, then they can't really limit the amount of domains you own. If they do raise concerns about the buying domains with the sole purpose of selling them then there are many ways around that. Sticking a landing page up with a your details as a realtor on it saying you can "source" peoples dream house for them..or whatever... just some content. Whilst also saying that you are "open" to the idea of selling this page as well for the right price... loopholes exist everywhere, it;s just a matter of finding them. A good lawyer is not one that practices the law by the book without any deviation....a good lawyer is one who understand the law well enough to know where the loopholes are and how to exploit them.

Of course they can stop you. They are the trademark holder and will allow or not allow whatever they feel makes sense to them. it becomes ultimately their call if they choose to enforce the mark or not. We think that the term "realtor" is universal but it's not. The true use of that word can only legally apply to someone that is part of their realtor association. If you are not a member of that association you can't legally use the "realtor" term.

 

[usernamex]

OK so I was curious why they go after these so vehemently, and it's because they are a cartel. They enforce TM, they can basically force all One Million Real Estate Agents to pay for membership, otherwise they don't get MLS access. If the term gets generic-ized they lose money.

http://www.agentharvest.com/blog/re...en-is-it-appropriate-to-use-the-term-realtor/

 

[deez007]

Of course they can stop you. They are the trademark holder and will allow or not allow whatever they feel makes sense to them. it becomes ultimately their call if they choose to enforce the mark or not. We think that the term "realtor" is universal but it's not. The true use of that word can only legally apply to someone that is part of their realtor association. If you are not a member of that association you can't legally use the "realtor" term.

Hmmm I think you missing the point....It's obviously clear that Realtor is a TM, no one disputed that...The point was about registering MULTIPLE domains, with the intention of selling it! I said that if you are a licensed realtor then it would be difficult for them to stop you from getting multiple domains and selling them as they would need to prove intent. Which I said it could POSSIBLY be covered up if you find a few loopholes... off course you would need a skilled lawyer to find the loopholes and know how to exploit them.

I said in my initial statement that: "I'm not sure they could actually stop if you are a licensed realtor"

 

[hookbox]

Hmmm I think you missing the point....It's obviously clear that Realtor is a TM, no one disputed that...The point was about registering MULTIPLE domains, with the intention of selling it! I said that if you are a licensed realtor then it would be difficult for them to stop you from getting multiple domains and selling them as they would need to prove intent. Which I said it could POSSIBLY be covered up if you find a few loopholes... off course you would need a skilled lawyer to find the loopholes and know how to exploit them.

I said in my initial statement that: "I'm not sure they could actually stop if you are a licensed realtor"

Maybe they would just suspend your realtor license. They couldn't stop you from being a licensed real estate agent but they sure could find a loophole to prevent you from being a licensed realtor in their network. So you may win in one regard but lose in the other.

 

[Cdomains]

Offer to transfer the name(s) to them.

If they dont want to pay for transfer, have them set up an account at your registrar and push it to them (to destination account whois info)

Yes, do this right away.

It is not worth the trouble.

 

[MasterOfMyDomains]

I say go get your realtor licence. To me it sounds like a great career move.
Imagine your picture in front of people's houses

 

[johnn]

We got about 1,788 threads talking about TM and some still don't get it.

TM stands for The Mess.