Use of the term Realtor in a website vs. NAR rules. What about MLS?

Discussion in 'Legal Issues' started by wbmartin3, Jan 5, 2009.

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How would a court likely decide on the use of Realtor/MLS in this situation?

  1. NAR rules on both counts

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  2. NAR can dictate use of Realtor trademark

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  3. NAR can dictate use of MLS by Realtors

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  4. NAR rules cannot be enforced retroactively

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  5. None of the above

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  1. #1
    In about 2006, NAR passed rules that stated that Realtors could not use the term Realtor in a domain name EXCEPT in conjunction with their name.

    In 2005, I purchased domain names that included the area codes I represent followed by Realtor.

    (1) Is NAR's rule enforceable or would it be automatically "grandfathered" in?

    There is a similar rule regarding MLS, however, this seems much more contraversial.

    (2) I've contacted an agent in Tennessee who was sued by NAR for having MLS in his domain. Fortunately for him, he won his lawsuit, but the terms of the settlement prohibited him from disclosing what the settlement was. He is still able to use MLS in his domain. Any idea as to what situation might have led to this settlement.
     
    wbmartin3, Jan 5, 2009 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    Realtor has been trademarked by NAR since 1950.
    My understanding is that in 2006 NAR made an exception to allow Realtor members to use Realtor in their domain names but only in conjunction with their personal name.
    My understanding is that your area-code domain names would not be 'grandfathered' as the 2006 case addressed only a specific issue. I doubt you would win a UDRP dispute.
    Are you a Realtor or hoping sell your domains to Realtors?

    I am not a lawyer and apart from a quick Google haven't researched this. Good luck and all the best. :)
     
    tobycoke, Jan 5, 2009 IP
  3. wbmartin3

    wbmartin3 Peon

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    #3
    Yes, I'm a Realtor and I purchase most of my ~90 domains around 2000 when I first entered the business. At that time, many Realtors still didn't have websites and I took that time to purchase all the prime sites I could afford.

    I think a lot of this is still being hammered out, sometimes in courts. Recently, NAR's (or, perhaps, its my local MLS) gone further by restricting the use of metatags so that agents cannot deliberately try to ride the coattails of a more successful agent.
     
    wbmartin3, Jan 6, 2009 IP