Thanks for letting us know about this, Suzanne!
GREAT POST. Members of the General Public can use MLS all they want its not protected as far as I know. Why should we be at a disadvantage to the general public when the MLS systems are ours and we pay for the upkeep etc. Maybe the general public should realize the expense of doing business. I recently saw a post from a seller who thought by putting his home on MLS for $400 was going to sell it, not knowing how the MLS works a fees and he'd have to offer the buyer agnecy something, pay his own ads, appointments, signs, etc.
I was just going to ask my MLS if there was anything against me using my domain names http://TorringtonMLS.com and http://LitchfieldCounyMLS.com but I think you saved me the trouble. :(
More here:
http://www.narwisdom.com/2008/01/04/free-the-mls-another-board-forbids-the-use-of-the-term-mls/
There are boards popping up everywhere that want to limit your ability to use the term "MLS" (or anything associated with it) on your websites.
Signed it. I have a bunch of MLS domains and IDX on my websites. And every right to use them.
NAR is supposed to be a protective embrace, not a stranglehold.
I posted on Jay's blog yesterday that Charlotte NC's board is making its members remove the term MLS from their sites.
MLS from their site or domain name? In Alberta, we have the FSBO companies trying to get the right to place their properties on the MLS website although they are not realtors or in any way associated with realtors. Having the MLS protected and copyrighted is what protects us realtors from being thrown into the general mix of the FSBOs.
If they let anyone use the MLS in their domain name, it will likely hurt Realtors MORE thank anyone else. It sets a precident that they don't wish to protect their copyright. Then what's stopping non realtors from saying that "MLS lets these realtors use the MLS in their website and they are NOT MLS (who owns the copyright, not realtors), why can't we?"
MLS copyright is something very important and they have to do all we can to protect it in order to prevent the MLSs from being catch alls for any type of listing from any source, FSBO or realtor. If MLS cannot legally differentiate themselves from non-realtor property advertising sites, they and in turn we, will encounter some major difficulties. We have rules and guidelines to follow to make sure our listings are bonafide, we ensure buyers and selelrs are protected, we are accountable, and that's what makes MLS a safe place to buy real estate, we are regulated, either by our own real estate board which has to report to the government, or by the government directly.
If FSBOs can use MLS, who will regulate them, and where will be the value of MLS or a realtor, the line will get very blurry and that will effect consumer confidince among other things. I think encouraging MLS to not protect it's copyright is a very poor and potentially dangerous idea.
I don't get too involved with this in the local board, but I have an understanding of how important it is to protect the MLS for consumers and realtor alike.
Patrick - You might want to look up and see just who DOES own the copyright to MLS* and WHO has the legal right to defend it. NAR is TRYING to control something that they do not own trademark OR copyrights to. You might also want to take a look at MLS.com http:www.MLS.com and MultipleListingService.com http://www.MultipleListingService.com and you will find one of the biggest 'lead interceptors' operating it.
* Major League Soccer
HomeGain? Boy, you have to go thru a few layers to see that.
Very interesting!
Not exactly sure how you do it in the states but heres a bit of info from CREA (Canadian Real Estate Association)
-----
The Canadian Real Estate Association (CREA) owns a number of trademarks.
Some of these marks – including REALTOR®, Multiple Listing Service® and MLS®
– are exclusively licensed to members of CREA to use in the course of their
business. All of these trademarks are valuable assets of organized real estate
and must be carefully protected. They can be used only in accordance with the
conditions and rules for use. As a member of CREA, you have an interest in
protecting the proper use of these marks.
Here is an excerpt from NAR trademarks and logos referring to the reator and mls combined logo.
. The Composite REALTOR® and MLS Logo
The REALTOR® and MLS (Multiple Listing Service) Composite Logo is a registered service mark which may only be used by persons associated with a REALTOR® member of an approved Multiple Listing Service operated by a Member Board, but only in connection with the name of the REALTOR® Member's firm. The Logo may not be altered in any way.
Perhaps NAR is taking steps to protect realtors following suit to CREA.
I firmly beleive in CREA in their statement that ". All of these trademarks are valuable assets of organized real estate
protecting the proper use of these marks."
"CREA is responsible for maintaining the proper and
authorized use of these trademarks, and will take whatever action is necessary to protect them
from unauthorized or improper use."
Getting to the improper use, if they set a precident and allow reators to use these trademarks improperly, they are leving themselves open to letting others use these trademarks improperly. By making you abide by the rules, they are also preventing others who are not realtors and not authorized under trademarks to misuse them.
Sorry for all these quotes, but CREA says things much better than me. This states that in canada Realtor can only be used in conjunction with an actual realtor or real estate firm, this links the sue to REA memebrs and prevens non realtors from making domains like chicagomls.com and misleading the public.
quote from CREA
Use of REALTOR® in Internet domain names
and email addresses
As a limited exception to CREA's rules regarding the use of the REALTOR® mark, the term can
appear in lower case letters in domain names and email addresses.
The REALTOR® term can only be used in domain names or email addresses in
conjunction with the name of the member or the member's firm. It can never be used alone or
with geographical, descriptive or other modifiers. Punctuation, while preferred, is not mandatory.
The REALTOR® term can never be used with descriptive words or phrases. For example,
"professionalrealtor.ca" or "vancouverrealtor.com" or "realtorlistings.ca" are all improper uses of
the term.
The www.REALTOR.ca web site is operated by CREA. The site is intended to incorporate
detailed information about the services a REALTOR® provides, and associated topics such as
Pledge of Competition, REALTOR® Code of Ethics and REALTOR® training. This site is designed
so any Board, Association or member can link to it directly, or to any section of it.
The REALTOR® logo may be used as a hyperlink or button, but only if the link is to any
part of the www.REALTOR.ca web site.
------
I don't know the details of your copyrights through NAR, but I suspect they are trying to protect realtors and protect their identity from being taken advantage of and misused.
Just make sure you are fighting for something that is going to be good for realtors. Make sure you explore the possible consequences and make others aware of the possible consequences so they can make an educated decision. I don't think many of us want to see a fsbomls.com (So I'm not red in the face, this domain is parked and not being used as a fsbo mls <lol> )
Patrick
Don't know waht to say about the multiplelistingservice.com, I'm really surprised to see that operational if it's not MLS. Tough for you guys.
"Here is an excerpt from NAR trademarks and logos referring to the Realtor and MLS combined logo.
The Composite REALTOR® and MLS Logo "
They can do this BECAUSE NAR has the word Realtor® trademarked and it is included in the logo. MLS by itself is not owned, copyrighted, or registered as a trademark by NAR. What right does NAR have to shut sites down that have been in existence for years, rank on page #1 of Google, have hundreds if not thousands of backlinks using the current URL, are registered on many directories, and are the life-blood of the agents income when they DO NOT own the legal trademark rights to "MLS"?
They're basically exploiting that many Rs are uninformed . . . but in the meanwhile, I'm going to buy a soccer ball and uniform and roll my sites! LOL
Guess I'll have to include homes of Major League Soccer players on my site to remain politically correct. View-MLS-Homes.com
NAR may be able to prevent the adding of anything to their logo - ie no combined logos.... this protects their logo. Proper use. Fine.
But I don't see how they can stop anyone from using the term MLS.
In the USA the term MLS is public domain with regard to real estate. It has been ruled non-registrable.
All this being said... IF an association writes a code of ethics... members are expected to follow it.
Expected. Hmmm.....
Can NAR eject you over not following the ethics?
Wow. I need to come around more often. I heard nothing about this.
I went to the link Jay put and there's been a change to the code? I had no idea! Guess it's time to read up .
Gene-o, this is a new niche market for all of us! Soccer players! LOL
If there are ANY agents out there that have a property listed that is owned by a member of Major League Soccer, we can ALL feature it on our sites and be in compliance.