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Whats in a domain name? Realtors beware

Are you using the Trademark "Realtor" as part of your web marketing? This may be the one post you dont want to miss.

Most of us understand the power of a domain name in order to drive traffic but, did you know that is could also drive a potential lawsuit?

The days of "parking" domain names with a brand attached to them in hopes of selling it to the real owner later are all but gone. You can not simply park "microsoftsoftware.com" in hopes of selling it back to Microsoft for big profits. Although nothing prohibits you form registering a domain that contains a trademarked name or the name of a company or entity that you do not own, you may subject yourself to a lawsuit and thousands of dollars in attorneys fees.

For Realtors, using the Realtor trademark improperly within a domain name, blog, site title or print publication will eventually land you in some pretty deep trouble. At the very least, you will end up handing your site over...for free. A site that you may have spent your money and months or even years of your time developing and promoting.

As Realtors, we are given permission to use the Realtor trademark within their terms of use.

How can you use the trademark, Realtor?

JohnSimthRealtor.com
JohnandBettySmithRealtors.com
YourBrokernamerealtors.com

With VERY few exceptions...this is about the extent of acceptable use of "Realtor" within a domain name.

I see many agents, both old and new, that get sucked in to purchasing a domain name containing the Realtor trademark thinking that they will gain advantage over other Realtors in an area. (Precisely why NAR and it's members protect the use of the trademark "Realtor") In any case, it would be very wise, if you are using the Realtor trademark inappropriately, to cease doing so before you are ordered to do so.

What is unacceptable use and in violation of the Trademark?

YourtownRealtor.com
YourcityRealtor.com
ThebestRealtor.com
Yourcitysbestrealtor.com
toprealtor.com
bloggingrealtor.com

Just about ANY usage that does not ONLY contain your proper name, your brokerage's proper name and then the trademark "Realtor" would be a violation and a costly mistake.

Improper use is not something to be taken lightly and is a conscious choice. Waiting for someone to catch on and do something about it would not be a wise choice. If you are using "Realtor" within your website, now is the time to make certain that you are also using the trademark properly there too.

Some examples of proper trademark usage in print or web content would be:

Jane Smith, Realtor
Your Proper Brokerage Name, Realtors
Jane and John Compliant, Realtors

Unacceptable trademark usage looks like this:

Your Town Realtors
John, the Realtor Guy
Jane, the super fantastic Realtor
The top producing Realtor

I hope that you get the picture. Improper usage is monitored by the legal staff at the National Association of Realtors AND it's members. It takes only 1 (ONE) person to report improper use of the trademark "Realtor".

Are you encouraging a potential lawsuit? Are you and your Broker prepared to fight the National Association of Realtors? Do you want to? Your competition may just get you there sooner than you think.

Visit the NAR Legal Center for complete information on the use of the Realtor trademark before it's too late. Like cut and paste Blogging....it is only a matter of time before that Monkey on your back...BITES!

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Christopher Walker - REO Broker and Realtor with Mission Grove Realty is a proud member of the Active Rain real estate network.

Posted by Christopher Walker California Bank Owned Property on 10/04/2007 11:58 AM

Comments (31)

agent education, real estate marketing, reo

Originally posted at: Christopher's Hemet CA Real Estate Blog - Mission Grove Realty: Whats in a domain name? Realtors beware

31 Comments on Whats in a domain name? Realtors beware

OCT

2007

They won't sue a small fish. No money there.

Jason: You aren't serious...are you?
It is not your money they (NAR and Realtor members) are after. It is the protection of the "Realtor" name. They dont want your money and know that most dont have any money. What they want is to protect the name and It's use. No different than using Microsoft or McDonalds in a domain name. The too WILL stop you from using it and prevent you from using it in the future. I have seen MANY sites dissapear that were violating the trademark "Realtor". I would not recomend that anyone take a stance that no one will do anything about it. They will....I personally guarantee it.

This happens with the franchises, too. What people don't realize is that the brand names and trademarks are part of terms of use agreements and no litigation is necessary to force it down. They'll fire off a warning shot and give you a chance to correct it and then they take action. While you don't need to be a big fish to get sued, isn't the intention to become a big fish? It's when it is working for you that they'll take action or when it is working for you that a peer will uncover the "unfair" advantage and report it.

Amanda: Very well said. NAR takes trademark violation seriously and once your site is found, they WILL fire off the warning shot almost immediately. Most warnings are ignored until it is too late. If someone does choose to ignore NAR's warning, they WILL have made a COSTLY mistake.

Great post!

Very true...thanks for sharing it with us!

Take care & good luck!

Wow, great advice and knowldege, thanks for passing this on, I was unaware. I haven't used that yet but now I know to be careful. A 5 for sure!

Thanks for that information. I think I'm ok but will be double checking my website.

Thanks for the info, it was a very informative post. I agree with Chris, they have attorneys whose job it is to fire off letters and follow up. >>>Thanks again

Mike Norvell Sr

Great post I was already aware fo this in a sense but that's another great way the AR members look out for one another. Kudos!

Chris, did you see Eric Kodner's post about the history of the word REALTOR? It was a good one and gave some background to this. Anyways, thank you for your help when I had a domain that was improper use..you spared me some heartache.

OCT

2007

It had never occured to me until somone else was looking at my domain that I had the word "Sex" in it. It's just a static site that sites. It my red headed step child. bonitaspringSexpert.com

Armando: Thanks for dropping in.

Gaylen: Most seem to be unaware. There are many folks here on AR with domains that WILL end up losing what they created.

Jennifer: Good job. Everyone should watch out for this one.

Mike: NAR has a decicated staf just for this issue.

Ron: You are ahead of most.

Joey: Yes, I did see it. Great post.

Chris: There are quite a few good domains out there that the owners have no idea what they have hiding in the url. Now, you just need to build your content and keywords around the url and you could be driving more traffic!

Chris - this is a very serious situation that many will ignore. It's not about money as some would believe. NAR and the various state associations do monitor agent websites. They just don't send you an email saying when they are going to visit. Duh!

Personally, I don't see why someone would jeopardize their livelihood over one single word. There are plenty of other ways to drive traffic to a site. You don't need to use the Realtor term. I would rather be cautious than broke and unemployed. It's a no-brainer.

Thanks for an interesting post. You always do it. :)

Christopher: LOVE the advice for Chris EG...that's great. Email me a link to that post/comment about spelling you told me about.

My apologies. I am working on a move and just set up a new AR blog and hadn't logged out as the "west" me. Sorry Chris.

Carol: You are my favorite for sure. One of these days I might find reason to visit Toledo! Thanks for stopping by.

Joey: Here it is

Sedona: All right. Are you spamboy or???? Let us all know. I have many friends in Sedona...WHO are YOU? Do you know Greg at the Toucan?

OCT

2007

Good post and the lawsuits are pouring in. There are all manner of guidelines on using the "REALTOR®" in marketing. I sometimes forget to use that registered trademark. Not anymore!

Hopefully I won't see many reports of people being sued for their misuse of it.

Christopher...

What a great topic this is. I know I am late but I did recommend this as a feature.

Recently I was roaming around on 'out of the rain' blogs and saw the Realtor trademark being misused.

I checked and sure enough the person misusing it is a member of AR.

I do hope they read your blog as NAR is keeping a close eye on Blogging nowadays :)

TLW...ROAR!

Christopher, thanks for posting this! It's a subject that is worthy of repeating over and over again. You did an excellent job of distinguishing between acceptable uses and those that violate.

Very good post Christopher, I'm sure many people overlook this!! thanks!

OCT

2007

Christopher,

Great Post,

Another Warning, I have a relationship with an agent who used the REALTOR Trademark inproperly as stated above, and NAR did make her take that domain name down. They were nice about it, because the agent did not realize she did anything wrong to start with.

So agents please be careful.

NOV

2007

Can I use the word "realty" or "realestate" in my domain name?

NOV

2007

There are no problems there as they are not registered trade marks.

DEC

2007

I'm using it, but it's in conjunction with my name. So I'm safe =D

DEC

2007

Chris - nice post. I was wondering if anyone would post on this topic. In our NAR guidelines (tri-fold brochure) , there is a whole section on how to use the Realtor® tm in our web advertising. In a domain name as you stated above, it can be used, but when promoting that domain name in print or media, the word REALTOR must be in ALL CAPS as well. ex: "JohnSmithREALTOR.com". Thanks for bringing up the subject!

JAN

2008

Chris, Excellent point indeed, good stuff, yes folks are too quick to do these things. - Lance

JAN

2008

Chris, I like your first comment about the fact NAR is not going after money but to protect the Realtor name - in this day and age, it's great to watch out for our reputation.

Sylvia