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?

 

[usernamex]

@Avtar629 best wishes for a speedy recovery. Maybe take a break from registering domains if you are all loopy on pain meds too : grin :

 

[Micklepickle]

I don't understand. You have a domain that contains the word realtor and you received a C&D for that?

Yes. Realtor is a word that has been created by the governing body of the representatives/sales force (Realtors) Association. They TM'd that word, setting its definitive meaning based upon their acknowledgment/defining regulations having been met by a qualified representative who would be licensed to handle real estate transactions.

Because the whole of the word was never part of the English language until their introduction, it has undoubtedly become a strong recognizable brand with a direct association to the Realtor Association.

There might be some gray area that could substantiate a deeper investigation to challenge the enforceability of the proposed infraction, but that could only be determined by the owner of the domain and their understanding of the full depths of a risk/return tradeoff.

IMO but what do I know, I'm just a chimp!

 

[deez007]

Holy crap!! I just had a lightbulb moment either that or just high on morphine right now lol

Bitcoin is digital currency

What if I wanted to be super private with my transactions

There fore

Instead of

Realtor

I'm thinking wait for it!!!!!!!!!

Real Tor Btc

TOR is the program they use for the dark web!!

What do yall think ?????

Hhahahah Thats freakin brilliant..... I guess you could stick up a landing page saying the domain is for sale RealtorBTC.com - but make the logo read as RealTorBTC... hahaa... then use the cease and desist as toilet paper

 

[HKIBC]

Hhahahah Thats freakin brilliant..... I guess hey could stick up a landing page saying the domain is for sale RealtorBTC.com - but make the logo read as Read Tor BTC... hahaa... then use the cease and desist as toilet paper

Yeah, brilliant. Laying it out here, not so much! Most of law is all about intent, or lack thereof. TM infringement and UDRP is practically all about that (as in bad faith). Such clearly laid out rationalization after the fact is not exactly sure fire defence in the highly unlikely event this went further (I seriously doubt anybody in their right mind would prosecute should @Avtar629 concentrate on important things, like his post-op recovery, and simply ignore this so-called CDL).

 

[anantj]

Yes. Realtor is a word that has been created by the governing body of the representatives/sales force (Realtors) Association. They TM'd that word, setting its definitive meaning based upon their acknowledgment/defining regulations having been met by a qualified representative who would be licensed to handle real estate transactions.

Thanks. I did not know this. Learnt something new today

 

[WhoaDomain.com]

Yea your right.

Now that I've got TorBtc and btctor

An EMD. I'm okay deleting my realtor domains.

Desperate situations need creative solutions.
Got a C&D? Make 2 new domains to cover the loss.

These short 6L brandables should cover the loss of $1.99 realtor domains. Even if I let these two new domains go for quicksale low $xxx.

 

[WhoaDomain.com]

Yeah, brilliant. Laying it out here, not so much! Most of law is all about intent, or lack thereof. TM infringement and UDRP is practically all about that (as in bad faith). Such clearly laid out rationalization after the fact is not exactly sure fire defence in the highly unlikely event this went further (I seriously doubt anybody in their right mind would prosecute should @Avtar629 concentrate on important things, like his post-op recovery, and simply ignore this so-called CDL).

Perhaps if I sell TORBTC.COM and it gets developed then my argument that Real Tor BTC is a "thing" might work?

Ehhh. Nevermind too much hassle.

Thanks NP I think problem solved! Just going to delete

 

[promo]

I own a domain with Realtor in it. Its actually the only domain I own with a TM in it.

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.

I have owned the domain for two years and it remains undeveloped at this point.

 

[dordomai]

Perhaps if I sell TORBTC.COM and it gets developed then my argument that Real Tor BTC is a "thing" might work?

Ehhh. Nevermind too much hassle.

Thanks NP I think problem solved! Just going to delete

Even if it could work, if you post it in a public forum for everyone to see you will not be able to convince anyone that you weren't acting in bad faith.

They will Google the domain and find your plan. If you consider circumventing TM law, never post the domain in a public forum.

 

[NameOmnia]

Realtor is a TM. It has been for a long time and, as proved in the OP, they are very aggressive in protecting it.
At the end of the day it is 100% our responsibility, as domainers, to do our diligence when registering/purchasing/selling a domain.

We learn from our mistakes and you have just made one ( of many probably..like we all do ). Just move on, ask them what they would like you to do ( delete or transfer to them ) and avoid any possible costly consequence for yourself.

Ultimately, if 10-12$ of registration are an issue domaining is something you might want to reconsider imo.
Be smart and good luck.

 

[Dun]

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?

Join the revolution bro

 

[platey]

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?

was reading ricks blog dot com only this morning - he is someone who knows a bit about these letters

he mentioned in his very famous blog that he used to keep them at first and then on legal advice was told to grow them in the bin lol

and he goes on to state that 99% of them he never heard from them again but the 1% he heard from again he legally fought them

obviously i am not suggesting you throw that letter in the bin etc

but because of the word the letter you got takes issue with etc being extremely popular in the us etc they will probably have eons many cases going down this route picking on domainers to prosecute to either get the domain and or cash but its a safe bet they won't have won all the cases they challenge

they will no doubt picked on fellow attorneys and or huge companies with very big pockets who may have received one of these letters and the owners of large companies who have the funds to either pay compo and are prepared tp throw a couple of $million in legal fees to have fun and games to see just how good and legal proof what they allege is cast iron or made of paper mashe

sometimes snakes pick on rats but come across another snake

eg snake goes looking for breakfast but can sometimes become breakfast

some snakes eat snakes lol

many a skilled lawyer is also a domainer

but always seek legal advice

this is why domain names should come with compulsory domain name insurance with every domain name purchased as standard

 

[dordomai]

I doubt that Rick would have done that with a non-generic, TM domain.

 

[platey]

Yes. Realtor is a word that has been created by the governing body of the representatives/sales force (Realtors) Association. They TM'd that word, setting its definitive meaning based upon their acknowledgment/defining regulations having been met by a qualified representative who would be licensed to handle real estate transactions.

Because the whole of the word was never part of the English language until their introduction, it has undoubtedly become a strong recognizable brand with a direct association to the Realtor Association.

There might be some gray area that could substantiate a deeper investigation to challenge the enforceability of the proposed infraction, but that could only be determined by the owner of the domain and their understanding of the full depths of a risk/return tradeoff.

IMO but what do I know, I'm just a chimp!

the trademark in question is an American phrase or tm word used in American language lol - English term is estate agent used in er England in the English language lol

 

[disaac81]

I'm wondering though if Mike Mann might be interested ? Or am I liable for selling him these domains?

He seems to enjoy a good TM battle.

He's owned and sold several TM issue domains for big bucks.

Mike Mann ruins this industries image. Do NOT learn from his idiotic acts.

 

[platey]

registering a trademark creates more problems than it solves

 

[Micklepickle]

the trademark in question is an American phrase or tm word used in American language lol - English term is estate agent used in er England in the English language lol

lmao what??? Think about what you say before you say it, please.

 

[platey]

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

 

[Micklepickle]

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

haha I understand. I never said anything about any specific region of the world, so much as a very specific term/word having been used.

the trademark in question is an American phrase or tm word used in American language lol - English term is estate agent used in er England in the English language lol

Soooo....I guess your response in quoting my earlier post was suppose to be a question then?

It doesn't matter. The fact is that it's a TM'd word that was created by the Real Estate Associations, operating in both Canada and the US, which is why the term Realtor is a registered trademark of the Association. Until they created the word, Realtor wasn't in any dictionary or a word commonly used in the English language: US, Canada, the UK or otherwise.

Without wasting the time to dig deeper into the full scope of their trademark filings, I couldn't nor wouldn't suggest the TM is valid anywhere other than the US and Canada since there are too many variables unknown at present.

registering a trademark creates more problems than it solves

TM's have a definite value. IP Law: Trademarks, Copyrights and Patents have a much deserved place for the creative mind and/or business. Educate yourself and better understand the full scope of the value proposition each provide.

Good luck with your domaining!
Cheers

 

[platey]

allegedly - i need to educate myself

i am a ideas guy - tech concepts etc a visionary if you like

i guess the future and future tech etc which works extremely well when investing in domain names

because i think what people will want before they know they will want it before it has started to trend which is why j can buy extremely good .com s for reg fee

just how i like it

i do not need to waste time energy and resources (getting educated)

i prefer to have ideas think through the concept buy the .com of the idea for reg fee ( takes about 3mins time)

and i don't even have to develop my ideas because eventually when someone else has the same idea i already have the .com in my back pocket

in response to being told i need to educate myself lol

 

[Micklepickle]

allegedly - i need to educate myself

i am a ideas guy - tech concepts etc a visionary if you like

i guess the future and future tech etc which works extremely well when investing in domain names

because i think what people will want before they know they will want it before it has started to trend which is why j can buy extremely good .com s for reg fee

just how i like it

i do not need to waste time energy and resources (getting educated)

i prefer to have ideas think through the concept buy the .com of the idea for reg fee ( takes about 3mins time)

and i don't even have to develop my ideas because eventually when someone else has the same idea i already have the .com in my back pocket

in response to being told i need to educate myself lol

huh. interesting. ok. good luck with your domaining!

 

[promo]

Interesting.. But idiotic and arrogant.. Just how he likes it.

 

[ProDomains]

So yea delete! Lol

But before that


Any way to turn this mistake into a win?

No, but you can turn it into a .win

RealtorBTC.win

 

[MasterOfMyDomains]

I was checking out your ads. Lots of local realtors advertising, good to know.
Hopefully they don't come after you for the click money your making

 

[mad409]

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. I can fight them now if needed, times have changed.

Not a attorney but just my 2 cents, take it for what it's worth..