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Realtors®, Copyrights, and Websites

I've seen several long blog complaints from Real Estate Webmasters about a real estate agent in Sarasota Florida that just lost his number one Google ranked website because the name was "theSarasotaMLS.com". They (REW) were irate because Marc Rasmussen, the owner, had spent hundreds of hours, years of hard work, and thousands of dollars on the site, just to lose it to the real Sarasota MLS, who went through ICANN and got a copyright ruling.

According to them, they first had a civil suit about it, which the Sarasota MLS (board of licensed real estate agents, I assume) LOST, because the site had been around for years, was specifically marked that it belonged to a private agent and not represented by the Sarasota MLS. Having lost that, they went and filed through ICANN, which monitors domain names internationally, and won the ruling. I guess you could say that World Internet Law topped US Copyright laws. Anyway, Marc is losing the domain name, and even if allowed to keep the old site up with 301 redirects, will almost certainly lose the number one Google spot and his hard-earned work and expense. With the kind of money that Sarasota real estate sales can amount to, it's a hard blow for them, I'm sure.

My first thoughts when I was reading it were not surprised ones. I've seen all the Boards go after websites that contained the word commonly used to represent a licensed real estate agent, and pretty much everyone that has a license now knows that you can't set up a website with that in the domain name. My friend Diann in Las Vegas lost a great website several years ago because she had it on "LasVegasRealtor.com". She was sick at heart and angry too...but didn't get a lot of sympathy because it was pretty common knowledge. And like REW is claiming in this matter with Sarasota, Diann lost hers when a jealous competitor complained loud and long and the Board felt obligated to press the issue. I think since that time they have really clamped down and possibly even have some type of automated search system that catches any new websites that violate the official licensed real estate agent copyright. At the time with Diann, they did allow her about 6 months to make the change.

But what of the term "MLS"? Up until recently, I've never thought of that as being something you could get in trouble for. One of my current clients selling Greenville SC Real Estate informed me the other day that the local Board there did not even allow their real estate agents to use the term on the website! They didn't want agent sites ranking in Google and Yahoo for the term! So far, the local Myrtle Beach real estate Board hasn't addressed the usage of "MLS", but this may set a precedent for all of them. Anyone who has that designation in their domain name may be smart to start planning on getting a new name just in case.

In another bizarre case, we once got a cease and desist email from a local company who had registered a corporation name of "Myrtle Beach Real Estate". Then they supposedly took it further and got a trademark on it. Not sure if the trademark included LLC, or Inc, or not, but it was a ridiculous situation. They were trying to force all the MB websites to stop using the headline Myrtle Beach Real Estate. Their complaint was that we all made it appear that it was a company name. That wasn't true, of course, and from what I've seen, they've given up on trying to push that issue. One of my old clients actually owns the domain name "MyrtleBeachRealEstate.com", and registered it many years ago. From what I understand of ICANN law, names are also grandfathered in, so you can't register a trademark for "purple bracelet" and then hunt down people who own domain names about purple bracelets and take them over.

The MLS is a very grey area, though. It's a term used by every local Board, probably not trademarked by them all. I haven't heard anything about Flower Mound TX real estate so far. But they will probably all file it post-haste now. So if you are using the term in your domain name or excessively on your website, you might want to consider making a change now.

And isn't it amazing how Google is affecting almost every aspect of business these days? It makes one wonder just where it will all end. Perhaps everyone should rush out and get the trademark of "your-city" plus Foreclosures to be on the safe side these days...:-)

Posted by Jan Chilton - Real Estate Marketing and SEO on 10/15/2008 01:39 AM

Comments (25)

Domain Names, Search Engines, Seo in the Online Marketing Channel

board of realtors, mls, sarasota real estate, sarasota realtor, sarasota mls

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25 Comments on Realtors®, Copyrights, and Websites

OCT

2008

Jan very intresting post. My question is where are all the high priced attorneys? If Celebrities can get off Murder and other Crimes, seems to me a good Attorney who specializes in Intellectual Property could rectify it. What do you think?

I think I've seen rules in the local board or CAR that state you can't use MLS in websites. I'm not sure what the authority is, only that they seem to believe they have the authority.

I'm not sure that you can fight ICANN rulings with attornies or anything legal like that. Seems like I understood them to be their own authority and kind of like an arbitration service. It's almost like you buy and are granted a domain name by the "domain god" and and he can taketh away if he wants to...:-)

REW is trying to get people to write and complain to the local board there. But I can't see that it would do much good. It seems like all the boards are becoming money making machines now. They are no longer much of a consumer advocate company. I just hope the government, IRS, and all that figures this out if they haven't already. Just think what that board can do with that domain name...number one on Google perhaps? All the local Realtors paying for ads to be featured on it?

Thanks for commenting, guys. :-)

I have a co-worker that has realtor in his web URL. I don't even think he knows it's not kosher. It's too bad for the fellow in Sarasota and hopefully we can all learn a lesson from his painful loss. There's no shortage of good URLs to use dontcha think?

The very minute the local board (or the national one) finds out, he will lose his website.

According to Realtor.org, you can use it like www.johndoeRealtor.com but not any other way.

1. The term REALTOR^®, whether used as part of a domain name or in some other fashion must refer to a member or a member's firm.

2. The term REALTOR^® may not be used with descriptive words or phrases. For example, Number1realtor.com, numberone-realtor.com, chicagorealtors.org or realtorproperties.com are all incorrect.

Thanks for that info Jan. I wasn't aware that the term realtor could not be used in a domain name. Makes sense thought with realtor . com being such a big thing. for NAR.

The way I understood the use of Realor in a URL was to be able to exchange the word "realtor" with the words "a member of NAR". as in www.BobJonesRealtor.com Yeah, Bob would actually have to be a member of NAR, too. :)

Amazing. And just to think we are the ones that empower them so much by paying the fees and subscribing. Why should the MLS have so much power over us?

Very confusing. I hope it gets settled.

Thanks for sharing

Rich

Charlotte NC

Use of the letters "MLS" in a URL is a definite violation of Article 12, Standard of Practice 12-10, which begins "REALTORS® obligation to present a true picture in their advertising and representations to the public includes the URL's and domain they use. This standard of practice was adopted in January, 2007, so this is not something new.

Let's say since I live in Dallas I decide I'm going to name my web site WWW.DALLASMLS.COM

So now someone in your city is considering moving to Dallas, they Google Dallas MLS, thinking they are going to the MLS for the Dallas area, and they somehow get directed to my personal web site. This individual was not provided a true picture of my advertising.

I'm sorry we can't pick and choose which Articles of our Code of Ethics we would like to live by. One should read Article 12 and all 11 standard of practice for this article.

If you would like me to email you a copy of The Code I will gladly do so.

Lastly in your blog you use the trade mark incorrectly several times. You should say REALTOR®.

Interesting. The sad part of the MLS matter is not that the NAR and boards want to stop REALTORS from using the term in their domain names. The real sad part is that the NAR has no authority to stop non NAR members from using "MLS" in domain names and competing with NAR members.

Hi Richard in Dallas,

If I had had an easy way of inserting that little R in the article, I would have. But aside from stopping in the middle and Googling how to do it, getting out of the WSIWYG editor and using the HTML editor to put it in there, I wasn't able to do so. You will note that I did capitalize it. Sorry there was a limit to the amount of trouble I was in the mood to go through. I think I have rectified the situation now.

Although I've never thought about the MLS being a word like that, I do now. However, last night I also saw this. How do you explain a huge website at www.mls.com ? If that isn't the most blatant example of misleading the public, I haven't seen one. If I were an uneducated buyer, I'd certainly think that was a national site. But if you click on one thing, you get Trulia. Another thing and you get Realty Trac. So it seems to me that if the NAR can come down on one guy in a small area, then they ought to be able to address that.

I am not saying that Marc was right or wrong in having that site. In fact, I've been told that indeed many of the buyers coming to his site believed they were looking at a NAR site. I will say this, though...if the public supposedly PREFERS to search on a NAR site, why do they not just go to Realtor.com in the first place? My assumption would be that they were looking for an agent site, not the NAR one. I would even suggest that 2/3 of the public don't have a clue who the NAR is or that it exists. I don't think I did before I got involved with the industry.

And if you just brought that MLS thing into the code and law in 2007, then it clearly should have been grandfathered in Marc's case. His website has been out there far longer than that. Should we venture to guess that maybe www.mls.com has been as well?

No regulatory agency is perfect. But I think GREED is playing a part in this. Just my personal opinion there. How much of a kickback does NAR get for allowing Trulia and Yahoo Real Estate and others to carry the listings now? When those websites rank higher than a Realtor's (insert little R here) site, it is taking money right out of their pocket, and even after they have PAID the NAR to belong in the first place. That seems wrong to me.

Jan

PS to Len Harley - They weren't able to do that to Marc, either. If the stuff I read is correct, the US courts ruled in his favor. They had to go through ICANN to force him to give up the domain name.

Jan

Lenn is spot-on with the MLS thing. We were forced to stop using any reference to MLS when referring to IDX searches, etc. and had to change everything to "search area homes for sale" or "search homes database" or something along those lines. However, there are national companies that still get away with it. Patently ridiculous.

Jan,

The proper use of the marks is quite simple. Just do the following REALTOR(R). NAR can only control individuals who are REALTORS(R). I assume you are not a member?

Very interesting. I'll pay attention to how this plays out for sure.

OCT

2008

Jason, I had no idea that other areas had that rule about the MLS usage. They haven't said anything to any of my other associates so far. It is truly ridiculous. Again, why do they allow that big website called MLS.com???

Richard, I'll keep that in mind. Never thought about making a big R in parentheses...:-) And no, I'm a webdesigner/SEO person, not an agent. I do usually use the "registered" symbol on a website. I just wasn't in the mood to go look up the html symbols in the middle of my blog. I seem to have a mental block for remembering it! Now that I think about it, I think it is ® though!

Thanks to all for commenting and Digging if you did!

Jan

Yep...I was right. This comment box doesn't convert, though.

Jan,

Just so you know there is not a rule that say don't use the letters MLS, it is not an area, or state rule. The point is does MLS in your URL paint a true picture of your business, or is it confusing to the general public.

Joining the NAR is not manditory. You can sell real estate without being a member. NAR is not a goverment agency; therefore it can not mandate what non members do. They do have a registered, trade mark, REALTOR®, and they can take steps to control who and how that mark is used.

So you or any other non member do what you want; along as it does not include calling yourself a REALTOR®, or use of the trade mark.

I hope this helps.

This is true, Richard. Although I can't imagine anyone having a successful website if they didn't have the MLS or couldn't call themselves a Realtor®. All the agents I know pony up those monthly fees and end up giving away more of their commissions than they keep. It's a shame, but I guess it's just one of those things.

NOV

There's information about the National Association of Realtors trademark on Wikipedia

They actively enforce their trademark, and will contact anyone using it improperly in the URL of their website.

NOV

Wikipedia mentions "MLS" in that article too? I will read soon. Thanks for the comment.

Jan

MAR

Hey Jan, This type of thing can be ridiculous. 16 years age when I started my company my local yellow page add stated, professional pest elimination. That was not part of my name,but I received a heavy volume of letters from an attorney representing a pest control company that included professional pest elimination in their name and that I couldn't use the terminology. WHAT! Yah! I could get my attorney to fight it but he said easiest/cheapest thing to do was change terminology so I have said for 16 years guaranteed pest protection. Nobody has tried to sue over that yet, haha.

MAR

OK, Roger Johnson may have a point. (Proofread Your Blog Post: It Matters) 16 years ago =-)

???

Matt, you have totally lost me. Who is Roger Johnson? And whaddaya mean? :-) I agree your "Professional Pest Control" is a ridiculous situation too. Thanks for commenting.

Jan

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