domain Ohiorealtor.us nice name? tm issues?

[jaikini]

hi,
plz appraise Ohiorealtor.us
is it a nice name?
some say it has tm issues and some say it doesnt
plz give your opinion
thanks,
jaik

 

[Damion]

Sorry, definately trademark issues. Reg fee lost.

 

[airwav]

Sorry, definately trademark issues. Reg fee lost.

How are there TM issues with a generic name?

Good name, hold on to it.

 

[RJ]

REALTOR is a trademark, but its perfectly usable by any member of the NAR. This name is not bad for a .US. Good Google + OVT results. I'd be targeting end users for a sale. In fact, Ohio Realtors are pretty much the only people you could sell it to who could legally use it. $300-1000

 

[Damion]

I don't see how one can contact end-users for this domain since the intended end-users can easily demand from him to transfer the domain to them.

The domain is trademarked would this not mean that any realtor could easily claim the domain from him for $0?
Please explain?

 

[ekal]

Realtor is trademarked. So theoretically the NAR could take all domains with "realtor" in them. However, the likelihood of this is very slim and I don't imagine that individual realtors would have any claim at all.

 

[Damion]

In that case...go for it Jaikini

 

[cyberken13]

Check uspto.gov and you will see an endless list of realtors with trademarks on the name. "Realtor" is a generic term and "ohio" is a geographic term, neither of which have held up in court. Together they could pose a threat, but there is no combination of the words listed on the uspto. If someone were to come along now and register a TM on the combination and receive a "principle" registration they could not take yours because your domain registration would have superseded their TM.

Your domain is fine. Keep it and build it out.

 

[dna]

Dont sell for less than $1000

 

[airwav]

REALTOR is a trademark, but its perfectly usable by any member of the NAR. This name is not bad for a .US. Good Google + OVT results. I'd be targeting end users for a sale. In fact, Ohio Realtors are pretty much the only people you could sell it to who could legally use it. $300-1000

:red:
Sorry, had no idea...

http://en.wikipedia.org/wiki/Realtor

Thanks for the insight!

 

[cyberken13]

Please read this decision. You are fine with your domain.


http://www.arbforum.com/domains/decisions/137218.htm

 

[jaikini]

thanks all for your suggestions.
where can i get names of realtors from ohio to contact them for enduser sale
will it be backfire if i contact them?

 

[Damion]

The link Cyberkerken13 posted is quite an interesting decision.

Especially this excerpt:

Namely, it is thought that the term “realtor” may have been recognized only as the trademark of the Complainant at first but then its use became ordinary and it gradually lost its function as a trademark and has become an ordinary noun.

Since the respondent, the owner of the domain in question did not attept to sell it to any party bad faith could not be proven.

So i wish you the best Jaikini and hope your prospect buyer doesn't want to make a big deal out of it although if they wish they can easily force you to give up the domain to NAR if your planning to contact prospect buyers, realtors associated with NAR.

Better to hold on and let them contact you.
Otherwise you are placing yourself in a bad faith position.

As i see it as of now.

Or perhaps i have the wrong perception?

 

[cyberken13]

You are exactly right. That decision involved Realtors.biz. Even though they (arbitrators) were honoring the Realtor trademark they believed there was enough delution in the name to allow the respondant to keep it. But the key to that was the respondant never acted in bad faith.

First develop the site into something that would show your legitimate interest so that you may draw income and do that asap. Then, if someone comes along and wants to purchase the name you would be alright. If you attempt to sell it back now you would lose. In any arbitration case the complainant HAS to prove all the major points (3):

1. TM rights
2. Legitimate interest
3. Bad faith

If you do a Google search for "realtor trademark" you will see that this is an ongoing issue. For now REALTOR is winning but it's only a matter of time before there is complete delution of the name.