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GoDaddy customer service : Should I pay for GoDaddy?? Realtor-Finder.net TM issue

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I received this letter approximately one week after registering realtor-finder.net. I figured I should share it with the community.

The Internet domain name, realtor-finder.net, which you have recently registered has been identified by the NATIONAL ASSOCIATION OF REALTORS as one in which the membership marks of the NATIONAL ASSOCIATION OF REALTORS (National Association) are used as a part of the domain name. The domain name came to our attention as a result of our monitoring of the Internet for use of the REALTOR membership marks. The terms REALTOR, REALTORS, and REALTOR-ASSOCIATE, as well as the REALTOR block "R" logo, are all federally registered collective membership marks owned by the National Association. Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.

The National Association has over 1,000,000 members each of whom is licensed to use one or more of the membership marks to identify themselves and their real estate businesses. Over twenty-five years ago, the National Association developed a comprehensive set of rules governing the proper use of the membership marks by it's members to accomplish this in an orderly manner. These rules still apply not only in the print world, but also in the new electronic media. Members of the National Association may find information on the proper use of the membership marks in the Membership Marks Manual which is posted on our website at www.REALTOR.org. The Manual can be found by clicking on the following links: -Law & Policy and REALTOR Trademark Rules. If you are a member, please review these rules and if you have any questions, please contact me by replying to this email.

If you are not a member your use of the membership marks is incorrect and not authorized by the National Association. Because the use has not been authorized it may also be viewed as an infringement of the National Association's legal rights in it's membership marks under the federal Lanham Act and other state and federal laws. To eliminate this potential source of conflict, we would appreciate your cooperation in revising your site and/or domain name to eliminate the use of the membership marks. Many times this is as simple as substituting an appropriate job title for the term being used, for example, real estate broker can often be used without making any other changes to the text. If you would like to read more about trademarks and the rights of trademark /img/avatar4.jpgs, there are a number of sites on the Internet, which address this topic.

We are attempting to track our efforts in connection with the Internet and request that you acknowledge your understanding of this request for your cooperation and provide us with your assurance that you will not use this domain name. Our e-mail address isThank you for your help and we look forward to receiving your reply.

-What do you guys think?..

Comments (8)

This has been discussed before. Search the legal section for a similar thread.

Bearing the term "realtor".

Bottom line: give it to them now or let it go. If you follow any "advice" to fight.

Or try to get money from them, you risk getting sued...

Comment #1

It does sound silly if you if you don't know the truth...

With that said, "realtor" is a TM of NAR and they will defend thier mark very aggressively. Realtor IS NOT a genereic word though I bet most people view it as such, but in the eyes of the of USPTO, it is a TM. I would suggest not using the domain and consider this a lesson learned. Research before you register...

Comment #2

Word Mark R REALTOR.

Goods and Services IC 009. US 021 023 026 036 038. G & S: Electronically operated lock boxes. FIRST USE: 20040406. FIRST USE IN COMMERCE: 20040406.

Do you plan on infringing upon their word mark or goods and services? as mentioned above? If not....I don't see a problem...but...as Dave Zan said...you do run the risk of getting sued...Is the name worth it...(you would probably prevail...but...).

OldRatRacer..

Comment #3

I imagine a day when technology will improve so to the point that you can find a home online, click buy it now, and all the paperwork is filled out automatically. Who needs realtors who take 6%? So, I say forget registering realtor domain names - they will be obsolete someday...

Comment #4

I highly doubt it. Real estate is a very touchy subject and the beginning of many lawsuits, a real estate salesperson or a lawyer really helps out a lot in the process of buying or selling a home. There are too many laws, too much paperwork, and we live in a litigious society, real estate will probably stay with the experts for several more years (probably after my lifetime). You wouldn't believe the headaches real estate has caused because people thought they were better off buying a house without paying a lawyer or without using a real estate salesperson for guidance, they make the big bucks because they actually do work for it. They make sure the t's are crossed and the i's are dotted. Saving a couple of dollars (due to penny pinching and not wanting to get decent representation) on probably the biggest investment a person will ever make in their life is not a good idea, for either party (buyer or seller)...

Comment #5

The domain itself lends to bad faith... sometimes common sense will help in understanding TM law.

And no, he will not prevail...

Comment #6

If you noticed I said "probably" not "would".....and I agreed that it was NOT a good Ideal as well....

I All too well understand TM Law DNQeust having had to defend a well known domain name from a Major Corporation (successfully).... It's not easy and that is why I said that he stands the risk of getting sued....bad risk in my opinion..and I concur with you...lends to bad faith...as I also said if your willing to take that risk...

No need for you and I to disagree...I believe we can give the same advice to the OP and st OT...

OldRatRacer..

Comment #7

"you would probably prevail...but...".

I went by this line... that is how I responded. But ai think the OP gets the picture on this..

Comment #8


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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