Comments on: What’s in a name? NAR says, it better be the truth.

By: How Do You Spell MLS? | BloodhoundBlog: Real estate marketing and technology blog | Realtors and real estate, mortgages, lending, investments

Mon, 05 May 2008 13:31:32 +0000

[...] also attempted to reclaim MLS (which is legally trademarked by Major League Soccer) by making the incorrect use of the term MLS an ethics violation. This, however, is like trying to put the Coke…ah, cola…back in the [...]

By: Rosanne

Rosanne — Thu, 01 May 2008 19:36:55 +0000

Thanks for the comments Jim. I still maintain that whether or not we agree with NAR is not the issue. As long as the SOP is as it is, we can get in hot water. So, as I said before, unless it is amended, be careful!

By: Jim Rake

Jim Rake — Thu, 01 May 2008 13:04:31 +0000

Frank’s & Tony’s points are well taken. No, it isn’t surprising that Realtor Z was found in violation, although I might have to disagree with “whether or not we agree with NAR, is not the issue”.
If it bothers us, and I’m sure it does some, we’ll amend it to better meet the intent. Somehow, almost strikes me as a case of us focusing on the nit, instead of the elephant in the room. The use of “MLS” is “misleading”?

By: Rosanne

Rosanne — Thu, 24 Apr 2008 20:28:46 +0000

Hi Scott,

Very funny–Do you have a vault full of money in your office? If so, I may just come to Harrisonburg and work with you! In all seriousness, I hope this SOP will not be expanded. I think we have enough potential prolems now. Thanks for the comments.

By: Scott Rogers

Scott Rogers — Thu, 24 Apr 2008 04:02:44 +0000

Rosanne — that is an interesting comparison (international) that I hadn’t considered.

Hmmmm…..I am a Realtor with Coldwell Banker Funkhouser Realtors…..and sometimes people come into our office thinking we are a bank……I guess the Coldwell Banker brand could be in trouble if this SOP gets expanded. :)

By: Rosanne Bunting

Rosanne Bunting — Thu, 24 Apr 2008 01:37:35 +0000

Thank you all for the response. Frank, I did want to begin this discussion; but, also, I wanted to make everyone aware of this new case study. The case study comes directly from NAR. Somewhere in the country,this case took place and NAR has chosen to include it in thier case studies. The outcome of this case is what caused the new Standard of Practice 12-12 to be written and adopted in January 2008.

First, let me give you the NAR answer. “The hearing panel disagreed with REALTOR Z’s reasoning. While REALTOR Z’s website included information about other participants’ listings that the MLS had provided - and that REALTOR Z was authorized to display - the fact remained that a real estate-related URL that included the letters MLS would lead reasonable consumers to conclude that the website would be an MLS’s, and not a brokers website. REALTOR Z was found in violation of Article 12 as interpreted by Standard of Practice 12-10.”

SOP 12-10, which was adopted in 2007, states: REALTORS obligation to present a true picture in their advertising and representations to the public includes the URLs and domain names they use, and prohibit REALTORS from: (1) engaging in deceptive or unauthorized framing of real estate brokerage websites; (2)manipulating (e.g. presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or (3) deceptively using metatags, keywords, or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers.

The new Standard of Practice 12-12, refers to all URLs or domain names. So, let’s not think about the addition of mls to a name, but think about this. Supposing I registered rosanneinternationalrealestate.com as my domain name. It would certainly cause people to think I was an international broker. When they find out my primary real estate market is the Middle Peninsula of Virginia, one could certainly say my name was deceptive.

Unfortunately, whether or not we agree with NAR, is not the issue. As long as this SOP exists, it is part of the Code. If a REALTOR is charged with an alleged violation of Article 12 as supported by SOP 12-12, they will certainly have to go through the complaint process. Unless this is revised, just be careful!

By: Frank Borges LLosa

Frank Borges LLosa — Tue, 22 Apr 2008 17:34:26 +0000

Tony, Don’t buy RealtorsAreIdiots.com since that would be a trademark violation.

Dave, NAR doesn’t own a trademark on MLS. Thank you for your other efforts.

Rosanne,
From your post, I couldn’t tell if you have an opinion on the matter, or if you just wanted to start a discussion.

Let us keep in mind that the decision of a random non-legal panel with a grudge does not set nationwide precedence.

1) NAR’s Realtor magazine actually recommended a few years back that we put MLS in our domain name. Ala: CityNameMLS.com

2) Google “MLS.” Realtor.com shows up first.

3) 30-50% of Realtor websites have “MLS” on it. That includes half of the Board of Directors.

4) Even your site has a “MLS” link on it. That doesn’t go to the MLS, it goes to an IDX.

I would love to hear your opinion on the matter, now that you have heard some of our opinions.

Thanks for starting the discussion!

Frank- Broker FranklyRealty.com, Virginia Real Estate

By: Dave Phillips

Dave Phillips — Tue, 22 Apr 2008 12:50:41 +0000

I’ve written extensively on this topic and will not do so here again. Tony is correct and NAR is wrong (in my humble opinion). REALTORS® in Indianapolis did what NAR refused to do when they came up with a substitute name for the MLS that we could trademark - Broker Listing Cooperative (BLC). Trying to protect trademarks through the Code is just wrong and puts REALTORS at a disadvantage.

By: Tony Arko

Tony Arko — Tue, 22 Apr 2008 11:44:18 +0000

Of course he was found in violation. But that doesn’t mean his site was misleading. It could just as easily mean that the rule was written by a committee made up of brokers who are owners of the MLS and are trying to protect their turf. What they don’t realize is that anyone else in the world except Realtors can go ahead and use MLS anywhere in their urls. In fact, MLS is owned by Major League Soccer, so if the agent was smart he could probably make reference to the nearest MLS team and be well within his rights to use the url. Then he wouldn’t be misleading at all. This entire interpretation of the rule is a complete joke and makes us look like idiots.