Welcome to the world of selling real estate like everyone else. Send postcards, prospect, cold call, knock on doors. You guys who have top rankings on your websites just wait for leads to fall on your laps. Now try working for those leads for a change. Real estate is about service and sweat, not SEO. You should have prepared for this day. Nothing lasts forever. You should have leveraged your position while you were on top and took advantage of your web presence to position yourself on a complimenting business strategy. But instead you expected to have this position for ever and ever. Now you are the victim and everyone is supposed to feel sorry for you? Placement on a search engine is very volatile. If your livelihood and business depended on your position on the search engine then you are not really a real estate agent who's in it for the long haul. You're just here for the time being and you time has passed. Try selling Amway products next life. It's a more stable career choice.

Judy, do yourself a favor and learn how to read. Where did you see me say "NAR is incorrect when they state approximately 82% of buyers start their search online"? If it's not obvious to you as to whom I'm talking to then you really are hopeless. Who is this post about?

Sour grapes? What the heck are you talking about?? You just agreed with me on your next sentence: "Having a good Internet position is just one aspect of real estate and marketing." That's right! ONE ASPECT of real estate and marketing. On another blog it is mentioned that his livelihood depends on this site and it's position on the search engine. It's clearly not just one aspect of marketing for him.

Why even bother fighting for the site? Retire already! He had #1 position for 4 years. He should have made lots of money in those 4 years and will be eligible to retire. If he isn't in that position then he's really not that good of an agent and he doesn't deserve the top placement to begin with. So let somebody else hold the #1 position and maybe they can do better and achieve more with it than he did. If I had the #1 website for 4 years, heck I'd be retired.

Love the post Joe. Thank you! I appreciate everyone's support and comments.

I actually did research the name before using it. I called the NAR and the FAR (Florida Association of Realtors) legal hotline. Both of them said it was ok. Too bad I didn't get it in writing. 

"It is necessary to attend NAR and MLS orientation initially. The use of MLS in domain names is, and always has been banned."

No Vicki, it hasnt always been banned and it isnt an across the board ban now. It is selective. In fact, at one point, this was endorsed by NAR when Realtor.org published a Michael Russer article dated 3/1/2002 recommending that Realtors register domains with the term "MLS" in it, along with state, city or community names.

Here is the link to the Realtor.org published Mr. Internet article recommending the use of "MLS" in domain names.

NAR should step in immediately and have SAR stand down and return the domain. A tortious interference lawsuit against SAR would certainly cost them more than their 3900 members can afford to bankroll.

Quote from SAR's website:
Since 1923, the Sarasota Association of Realtors® has provided our members with the resources they need to enhance professionalism and ensure their continued growth and success to better serve those they represent - their clients.

So, how is what they are doing to Marc ensuring his growth and success to better serve who he represents? Perhaps SAR needs to read what they promote and support their members. After seeing others who use MLS in their URL, this is no more than selective enforcement and a waste or membership money.

No member deserves this disrespectful treatment.  I agree with Bob that NAR should step.
Go get 'em Marc.

Our mls says you can't put the letters or name in any of your advertisements.   But many do, they get away with it, some for a long time.  But one day they will be cut off also.

It's the way things happen

gary

I am the CEO of the Sarasota Association of Realtors.  I've been observing the posts on various blogs over the last several days and would like to share some facts that have been missing, as various posts have offered supporting comments to Marc.

First, to address the trademark issue.  While it is true that the term MLS may not be trademarked by itself, it is entirely possible to obtain trademark rights over that term in conjunction with a geographic location.  The Sarasota Association of Realtors (SAR) has registered "Sarasota MLS" in the state of Florida, but even before registration, had common law trademark rights because of our usage of the term over the past 50+ years.  We are not the only association of Realtors to do so.  SAR has determined that it is in the best interest of the association and its membership to protect that mark. The Sarasota public clearly recognizes Sarasota MLS in association with SAR as shown in the dozens of local newspaper articles we provided to the arbitration panel, along with many other exhibits showings its use in our newsletters, websites, and user manuals. 

Besides, the point is not the use of the term "MLS" in the domain name.  It is the use of MLS in conjunction with the geographic location that is the issue.  That, and the fact that the domain name Marc has been using implies that it is "the" Sarasota MLS.  It is clearly misleading to have a site with domain name "THEsarasotamls.com" when Mr. Rasmussen is not the Sarasota MLS. Search engines give greater weight to sites that have domain names matching the terms of the search. 

Which leads me to the comments that the association has no authority over non-members.  Even though SAR has no jurisdiction over non-members, we can (and will) pursue anyone who we feel is infringing on our trademark rights, whether they are members or not.  ICANN (International Corporation of the Assignment of Names & Numbers) controls domain names, and registration of a domain includes an agreement to submit disputes over domain names to the  ICANN arbitration process.  Even non-members of SAR are subject to those arbitration provisions.

There has been mention of the article published by NAR in 2002.  Michael J. Russer was the author of the column in 2002, in which his Tip of the Month promoted the purchase of domain names to help generate additional business, such as "locationmls.com".  The article was not written by NAR.  In fact, there is a disclaimer on the magazine which states:  "Views and advertising expressed in REALTOR® Magazine Online and REALTOR® Magazine are not necessarily endorsed by the NATIONAL ASSOCIATION OF REALTORS®. The information contained here should not be construed as a recommendation for any course of action regarding financial, legal, or accounting matters by the NATIONAL ASSOCIATION OF REALTORS®, REALTOR® Magazine Online, REALTOR® Magazine, or its authors." 

Some believe that SAR should not be pursuing this against one of its own members.  But it is, in fact, in the best interest of the membership of SAR and of the public that SAR protect its rights in the trademark.  The neutral arbitration panel made its decision based on notebooks of evidence provided by both parties and applying the applicable law.

All I can say is anyone who feels glad that Marc has lost his hard earned Internet prominence is probabhly just a bitter and relatively unsuccessful person, because no professional likes to see another one harmed through no fault of their own.

More importantly, NAR tells us that less than 10% of all agents are successful online, yet the Internet is 84% of all residential real estate starts online. The message? The message is that EVERY AGENT needs to concentrate on their online marketing efforts. SEO is not a gimmick, done properly, it is a way to join the 10% of agents who sell the 84% of all residential real estate.

The old paradigm is dead. The Internet is where real estate happens. Go there, or go home.

Marc, If I can give you any pointers to  help you climb back up to the top, let me know, I'll be gald to halp you gratis.

Come and get me.

You're state issued $87.50 "trademark" isnt recognized in Fed Court. An attempt at a Federal trademark will get shot down during the opposition period, as you no longer operate a Sarasota MLS.

The common law argument is weak, and one of the panelists didn't buy it. You have no history of protecting this mark until NAR added that absurd wording in Article 12. In fact, your only other attempts were based on ethics, not protecting a mark.

Just give the agent his domain name back and call it a day. You will lose more in the long run on this issue than you will gain. I doubt your membership of 3.900 really want to see their dues go to fund legal battles. And I wouldn't bet on NAR involvement since it isnt about ethics anymore. Well, at least not Marc's.

I recently received a notice from our MLS that I couldn't reference searching the MLS anywhere on my site.  Not just in the domain name.  In fact they said I couldn't imply that users had access to the entire MLS.  I had 72 hours to make the corrections to my site.  I don't know how they decided to choose my site to review since similar to the screen shot for Sarasota if you do a search in our area you will see the same MLS ads all over the place!  I guess I was just one of the lucky ones to have been found!  It seems a little crazy to me, but those are the rules around here!

The worst part of this all is the fact that he was acquitted of any ethics violation by his peers.  The NAR and the local MLSs are getting out of hand.  I think it is now time to break their back.  I encourage everyone to make their voices heard against this horrible behavior of the very group that is to support us.

I'm waiting for SAR to respond to the issues on its trademark from 50 years ago. BTW, the world has changed since 50 years ago and I'm sanguine that MLS is now not a term that can be trademarked. To think trying to monopolize the MLS terms out there is right shows a lack of judgement or character. The public knows that MLS means listings. they do not care whether is is "the" MLS locally or just the access to the local real estate listings. They do not care at all, SAR CEO.

IF you have any integrity left on this issue you will allow a redicrect from Mar's old site to this new one to try and solve this with Marc.

You are ignoring the reality that MLS is not giving Marc an unfair advantage which tells me you are not really concerned with truth but rather an agenda--like most politicians or media. What happened to focusing on serving the public/consumers? don't you think Marc's site helps consumers looking for real estate much more than most of the other pathetic realtor websites out there? If not you are an idiot. If you do see the obvious--that Marc's site is truly excellent and a great service and tool to the public why are you trying to crush it? What is your purpose? what are your goals? To serve your members by crushing them? To serve the public by trying to keep the best websites on real estate away from the consumers? Or to try and retain and much influence whether positive or negative as possible...again like politicians. You should be ashamed of yourself, SAR CEO. How can you look at yourself in the mirror!

the reality is that Marc has helped 100s of other realtors make $$ with their clients since so many of their clients find their homes on Marc's superior laid out site and then approach their realtor about those listigns. I know as each week people tell me they found / bought their home with their realtor so they don't need my MLS updates now.

I can't wait for the media to run with this as the story goes national. This anti-competition mentality is what the DOJ supposedly is concerned about. Suppressing the choices of consumers is not what being a REALTOR is meant to be. Service, excellence, etc. The SAR now looks worse than the NAR during the 2005-2007 years.

The NAR is hiring a social media manager according to Pamela Bagati the VP of REALTOR magazine online. Here was my letter to her: Pamela, I wanted to make sure you received my reply to your post on the awesome real estate zebra blog about the new social media mngr coming to town at the NAR. Before NAR tries to put on a show to its members of trying to do anything for them, how about they stand up and correct their very own errors concerning the intersection of real estate and technology? How about the NAR come out and take a stand on a gross injustice and fix their code of ethics. Maybe NAR will be taken more seriously on their supposed concern with social media when the throw out their bogus Article 12 of the Code of Ethics after they initially in REALTOR magazine encouraged realtors to use keywords such as MLS (a generic term these days).

Now successful realtors who pay $$ to the NAR are being persecuted by their local MLS boards by jealous realtors who refuse to modify their business models. If it does not the NAR will lose even more credibility with its begrudging "members" who learn of how the NAR "supports" them. The story will go out to the media, local real estate brokerage listservs, etc. The time for the NAR to act is now before playing around with a cutesy social media manager.... And Pamela, is my post uncivil? Yes, but that's nothing compared to the NAR's silence on the issue of which it is well aware.

Below was my response to your post at zebra: The NAR is allowing with Article 12 of the Code of Ethics serious injustices to go on as a result of realtors taking the NAR's good advice in its magazine. This is upside down and disgusting. To be taken seriously in their social media endeavors NAR needs to rescue these realtors who are being thrown under the bus with the NAR's misguided and unintentionally nefarious policies. Prove to us you care about your members instead of the bullcrap Pamela Kabati. Seriously! What are you going to do about it? That what I and hundreds and soon to be thousands want to know. What are you going to do about it and when?

Get a domain with the word REALTOR in it and see if you have the same issue... only this time you'll be fighting NAR instead of the little MLS board!

REALTOR is and always has been a registered trademark of the National Association of REALTORS.  REALTOR is not a generic term like MLS.  However, the NAR did allow domain names that consisted of "agent name" plus "REALTOR" and were very specific about how the term could be used.  Quite a difference from the situation of Mr. Rasmussen who followed the very specific recommendations for domain names from the official NAR publication REALTOR Magazine.

The use of REALTOR and it's trademark status is quite adequately covered within the indoctrination of new REALTORS through the NAR's orientation for new agents that is conducted through it's local boards such as the Sarasota Association of REALTORS.

Had Marc's situation been such that he was improperly using the REALTOR term given the knowledge by all REALTORS of the preceding paragraph I seriously doubt that Marc would be getting the same support he is with the use of a generic real estate specific term.

Marc's new domain will be stronger in the long run than his older one, and that will most likely become a target for destruction by those capable and sympathetic to his situation.  Just a guess. 

Glad SAR is wasting money on this - it's clear they targeted him for the domain's strength.  SAR is a bitter and jealouse group of future bruised, humiliated and marginalized cowards.

Have you been following the dialog over on AgentGenius?

Regardless I just registered AnnArborAreaMLS.com  tee hee

@Benjamin Clark

It's not a "baseless claim of jealousy".  He was targeted becasue he was outperforming them. Though not the root for appeal alone, it's clear SAR was trying to absorb Marc's authority in search and not just the eradication the domain.  Otherwise, a redirect would have satisfied them.  Also, SAR CEO made the effort to mention "unfair advantage" in Google becasue of the domain.  That doesn't cause you to wonder about her INTENTION?

Just like "What is SPAM"  Sites Placed Above Mine.  But Marc isn't a spammer - so they resorted to a legal hijack.  The issue isn't baseless.  What was underestimated is Marc's friend base and that those in similar situations (realtors needing their websites to make a living) are becoming aware of this tactic.  Helen won the battle, fine.  Her defense is transparent and her enemies grow hourly.  She looks like she's weathered some storms in the past, maybe she's up to this one.  I'm sure Mr. Attorney Cherry would love to work on this chasing every occurance of Helen's grievance.  It will drain her their and casue her to spend so much SAR money that she'll be ousted from the inside.  All the while ruining her own name and company.  Their newly acquired domain has just as good a chance of survival.

Time, money, energy and reputaion spent.  Congrats SAR!

Marc's plight will be iconic and a reminder that she went too far, became too petty and made a mistake.  She'll be reminded every day when she sees his site above hers.  He'll dip after the transfer but do you think her new domain's links will remain?  That a link removal communiation will not occur coupled with the true story?

"Baseless claims" have nothing to do with it outside the poser courts.  What did he know and when did he know it?  That's the burden.  He registered the domain long ago on the advise of their sponsored publication.  Ex Post Facto.

Nice letters and open requests to thugs like this never work - it empowers them.   Give her what she wants, EXPOSURE. 

I'll put the first dollar in the proverbial tip jar.

I hereby pledge $100 to Marc's legal expenses to fight.  Any takers?  There are plenty of realtors out there that can be victimized if this mentality gains momentum.  Hit a thousand bucks and I'll give another.  By then you've got the voice.

Marc - set up a paypal account and gimme the email address.  I'll organize it if you want.  Win your domain and let their treatment of their members ring loud across the country.

Oh, yes I am aware Kthy at SAR writes as "SAR CEO".  I mention Helen as President becasue, well.. read it: 

“I want to use my year as president to encourage our members to be more cooperative, and more professional in our dealings with one another. We all have the same inventory of properties to sell, and it’s more important than ever in the current market that we all work together and maintain our professionalism.”

He did, and thanks for the help!!

Now, just need to get everyone to it;)

The account is ready and receiving donations at my blog

www.ebaspace.com

The account is in Marc's name (we chatted this morning) and the account is called SARjacking.

Everyone donate to his legal expenses!!!!   NUDGE;)

I just donated $100 to the legal fund. I am sick to my stomach. Is this what all of our hard work comes to? Defeated by the has beens, the never weres, and hacks? I think these CEO and staff members really need to have their heads examined. HomeGain is their partner and consulted over at NAR and revel in their MLS.com domain. These actions aren't looking out for the interest of the Public or of the Assoc. Members. This is anti-trust behavior against the innovators-- supported by NAR. When are they going to learn their lesson --DOJ?