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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,309
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![]() One of my mainstream companies has the term "Realtor" in it. I have not been marketing it too much but received this letter today from the NAR (National Association of Realtors).
[Start Letter] RE: Improper Use of the REALTOR Marks - xxxxxrealtors.com Dear Mr. Brenner: Your Internet domain name, xxxrealtors.com, 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. Upon review, we noted that you had also used the membership mark in the name of your company. Mr. Brenner, perhaps you did not realize that 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 and its constituent state and local associations (approximately 1500 in the United States) also use the REALTOR marks to identify products and services provided by the various levels (local, state and national) of the REALTOR organization. Because members of the National Association and the public associate the REALTOR marks with participation in the REALTOR organization, the National Association has established a comprehensive program to monitor the proper use of its marks. The National Association must maintain a careful watch over products and services that utilize the REALTOR marks in their marketing to real estate professionals. There is a serious risk of confusion regarding the sponsorship, endorsement or participation of the National Association in connection with such products. Because of this risk, the National Association does not license third parties to use its marks in connection with the names of the products and services of those third parties. To eliminate this potential source of conflict, we would appreciate your cooperation in revising your site, your domain name and the name of your company 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 owners, 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 estimate of when we can expect to see your site updated. Our e-mail address is [email protected]. Thank you for your help and we look forward to receiving your reply. XXXXXX, Trademark Administrator Legal Affairs Department NATIONAL ASSOCIATION OF REALTORS 430 N. Michigan Chicago, IL 60611-4087 [end letter] Can I put into the footer of my site, "This site is in no way affiliated with the NAR or Realtors"? I invested thousands in this company and this would REALLY bite ass if I had to shut it down. ![]()
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#2 |
Confirmed User
Join Date: Oct 2004
Posts: 924
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sounds like you are fucked
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[QUOTE=DavieVegas]Now i apologize for people who I have scammed in the past or future.QUOTE] |
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#3 |
Confirmed User
Join Date: Sep 2002
Location: Amalfi Coast
Posts: 2,595
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I suggest you contact John Berryhill asap. He's one of the best.
Good luck. |
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#4 |
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#5 |
Confirmed User
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I've heard those guys are notoriously diligent about protecting their mark. Good luck.
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#6 | |
Icq: 14420613
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Join Date: Mar 2001
Location: chicago
Posts: 15,432
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Quote:
your fucked you cant use REALTOR in a company name.
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#7 |
I'm a great bowler.
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Join Date: Nov 2003
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Just got off the phone with my lawyers and they pretty much told me that I'm shit out of luck. They are researching it and going to call me back for possible remedies.
![]() Fucking trademarks. ![]() I have to blame my ignorance for this one.
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#8 | |
Too lazy to set a custom title
Join Date: Dec 2004
Location: Vancouver
Posts: 18,638
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Quote:
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I like turtles. |
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#9 | |
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Location: Calgary, Alberta
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#10 | |
I'm a great bowler.
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Join Date: Nov 2003
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Quote:
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#11 | |
Confirmed User
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#12 |
I'm a great bowler.
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Join Date: Nov 2003
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Just got a call back from my lawyers and was told to forward the C&D to them. Apparently they have a good friend that works as a patent attorney in D.C. and there are some possible remedies.
I might not be totally fucked.
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#13 |
Confirmed User
Join Date: Feb 2002
Location: Free Speech Land
Posts: 9,484
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You are fucked if you are trying to use the Realtor trademark.
Change the name to realty or something similar and move on. |
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#14 |
FBOP Class Of 2013
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highonacid, why not xxxrealestate.com ?
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#15 |
2011 GFY Hall of Fame!
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yea, you would be better off with Nike, Sony or Microsoft in your name... NAR has a whole dept who's only job is to protect the trademark...
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#16 |
So Fucking Banned
Join Date: Oct 2003
Location: In a house.
Posts: 9,465
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Re·al·tor Audio pronunciation of "realtor" ( P ) Pronunciation Key (rl-tr, -tôr)
A service mark used for a real-estate agent affiliated with the National Association of Realtors. This service mark often occurs in print in lowercase and in the plural as well: ?The economic aftershocks are already rippling through the area's non-defense businesses, from realtors to pizzerias? (New York Times). Basically, it's not a real word, but a made up service mark word. So you are really on thin ice. |
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#17 |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
Posts: 30,307
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The fast answer is, no they can not take it.
Service Mark or trademark is not the text in order but a likeness to such can be infringement. Get an attorney.
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#18 | |
CURATOR
Join Date: Jul 2004
Location: the attic
Posts: 14,572
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Quote:
J-
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tada! |
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#19 | |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
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Quote:
PSPPLAYBOY Both are trademarked keywords ![]()
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#20 |
best designer on GFY
Join Date: Mar 2003
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Here is an interesting read about intellectual property law being utilised as a tool for censorship.
http://www.web.net/~misha/trademark.html Read up...
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#21 |
best designer on GFY
Join Date: Mar 2003
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Posts: 30,307
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High On Acid your hitting on a subject I have capitalised on for years.
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#22 | |
CURATOR
Join Date: Jul 2004
Location: the attic
Posts: 14,572
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Quote:
MILFREALTORS! J-
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tada! |
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#23 |
Entrepreneur
Join Date: Oct 2002
Location: USA
Posts: 31,429
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That association enforces its trademark extremely vigorously.
They have immense legal resources and unlimited money behind them. Don't even try to play games with them - you will lose. Cooperate and be cool to avoid any further legal action.
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#24 |
So Fucking Banned
Join Date: Aug 2003
Location: ICQ #23642053
Posts: 19,593
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I actually earn a lot of dough in this area, hit me up on ICQ if you want some assistance here. Basically, you're totalyl fucking OK.
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#25 |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
Posts: 30,307
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Plain and simple.
It's corporate opression that is expediting censorship on the internet these days. I believe that it is wrong to break the expression of people and there thoughts in the light of corporate tyranny offline and online. Black and White Trademark Law and Copyright Law are forces leading to censorship these days preventing the expression of people to voice opinions and even provide satirical parady..
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#26 |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
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Or like myself...
Take advantage of construed Trademark terms in combination in this age of Branding. Lets face it... PSP is a trademark of Sony but already thousands of websites have sprung up with the very term PSP within the domain. For example I own PSPDivas.com, there are also PSPFREE, or FreePSP.COM But on a more complex note I own PSPPLAYBOY.COM. Now who is to say which is really the owner of such? Its a catch 22. In one way SOny can say they Own PSP, Well Playboy owns Playboy. But together... Is this just a term that is illegal? A befuddled context with no claim other than the obscineity of it containing two different Trademarked terms together?? Who would really own it? Me.
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#27 |
best designer on GFY
Join Date: Mar 2003
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How about IntelHustler.com?
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#28 |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
Posts: 30,307
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How about VividSega?
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#29 |
So Fucking Banned
Join Date: Jan 2005
Location: This month's character: Dirty Franck
Posts: 2,336
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you cock is small. I like you.
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#30 |
best designer on GFY
Join Date: Mar 2003
Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384
Posts: 30,307
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I love it when I bring up somthing...
Everyone gets strangely quiet...
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#31 |
best designer on GFY
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This is the kinda shit that might make some of you realise hw valueable it is to see the truth about the abuse of Trademark Law and the internet.
It is true that the courts have set deciding factor's and precedence but a real fight regarding such has yet to be done. Truth is... A trademark does not apply to a text combination ( Though courts have hastily decided that is so, it is not right ) but to a mark or drawing. Read the fine print of these laws.The courts have no right to decide that domains, words and keywords are Trademark or Service mark protected. TradeMarks and ServiceMarks are Illustrated marks, Drawn Marks... Not just text for if it were true... A news Paper would not be permitted to comment on products or services without liscense.
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#32 |
I am a meat popsicle.
Join Date: Jul 2002
Posts: 25,100
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It seems like that would be a word that would have become generic by now.
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#33 |
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Location: Vancouver, Canada
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Gotta love the NAR.
I believe a few IP lawyers discussed this a while back at dnforum (legal section). Might want to search for that.
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#34 |
I need a beer
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Posts: 133,944
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Yep cut your losses and chalk it up as experience
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#35 |
lurker
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i wouldnt go back and forth
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#36 |
Too lazy to set a custom title
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I would hire a real attorney first, and contact them about your idea. But I think that in the long run, they will make you take it down. Unless you started this company BEFORE they made the registrations for the words.
Good luck. PS. I may be sending some work your way.
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#37 | |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,309
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Quote:
From communications with my lawyers...I don't have enough money to fight this and not nearly enough time to win. I can keep my site up for about a year while legal proceedings go on but eventually I will lose and any business I gained during that year would be lost. Also, the NAR can get me for lost revenue (legal fees and etc). My lawyers told me that it would be financially wise to write it off as a business expense and move on. I think I'm going to heed their advice. Seems those people [NAR] have some seriously deep pockets and will fight to the bitter end to protect their brand. ![]() Fucking A! This sucks!
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#38 |
►SouthOfHeaven
Join Date: Jun 2004
Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer
Posts: 28,609
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sell/lease it right now to a person in a country that does not follow u.s. trademark laws.
Theres no way you will lose the name.. I know a guy who will buy it off you for 10 grand, and lease it back to you for a 50 year contract for $10,500
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#39 | |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,309
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Quote:
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#40 |
So Fucking Banned
Join Date: Oct 2002
Location: Phoenix AZ
Posts: 1,052
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Highonacid: It sounds to me like it would cost you more $$ in lawyer/legal fees than the $5000 you put into this project....
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#41 | |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,309
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Quote:
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#42 | |
►SouthOfHeaven
Join Date: Jun 2004
Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer
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Quote:
well if nothing else ( like besides giving it to them ) just do the same idea but dont sell anything . just put a big goatse pic up with their c&d letter in the ass
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#43 |
►SouthOfHeaven
Join Date: Jun 2004
Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer
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or even better just change the site name. do my original idea , and put up a simple link to the new site , then when they hassle you just say " i no longer own it and didn't ask him to send the traffic to me"
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#44 | |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
Location: Right Outside of Normal.
Posts: 13,309
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Quote:
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#45 |
I'm a great bowler.
Industry Role:
Join Date: Nov 2003
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Posts: 13,309
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Lease it from someone outside of their jurusdiction and then have them direct all the traffic to my other site. Brilliant! And it's also a sure way to keep pissing them off!
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#46 | |
►SouthOfHeaven
Join Date: Jun 2004
Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer
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Quote:
![]() make it xxxreeltor or xxxraeltor
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#47 | |
Confirmed User
Join Date: Jan 2003
Posts: 6,688
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Quote:
you had brains and common sennse in the begining of this thread. go back to them, this aint kiddie shit dude
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#48 |
[----------------------]
Join Date: Aug 2001
Posts: 14,486
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you can not win this in any way
so back off or you're fucked |
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#49 |
So Fucking Banned
Join Date: Jul 2003
Location: sweden
Posts: 791
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Send the traffic to a new site like smokey said. Then they can go fuck themselves
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#50 | |
Confirmed User
Join Date: Sep 2002
Location: Amalfi Coast
Posts: 2,595
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Quote:
This guy is a friend of mine. He's brilliant. Misha Glouberman ![]() |
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