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Let's say I have and someone else have Both of us advertise realestate world wide.

You cannot register realestate as trademark in realestate business so I don't see any potential conflict here. Is this correct..

Thank you..

Comments (9)

Hmm...this is a VERY tough one. Nice challenge. I think 2 lawyers could fight this one out pretty well. More info would be needed on this also.

When were the domains registered?.

What is the usage on each domain?.

Does the domain owner have a business in real estate other than the domain?.

Is either domain parked or is an active site present?.

More info for the scenario please...

Comment #1

REaltor is a register mark that is protected viciously by NAR.... so anything is possible..

Comment #2

If you are just comparing those two domains vs you should be ok.

If you are adding some generic city term vs you should be ok.

BUT if you're adding the name of a realestate office that would be a problem most likely. Say there is a real estate office in your town called Jones Real Estate. If they have the domain and they are using it and you start up with listings in the same city and your name is Frank Henry you're looking for trouble (most likely).

I've got some real estate domains and I've made sure they are all generic city names or neighbourhoods to avoid any problems...

Comment #3

Realtor isn't a generic term like the word real estate. A lot of people see Realtor as a generic term because of all the visibility of licensed Realtors, but the truth is it's a registered trademark and a term for someone that is a member of the National Association of Realtors. If you sold a house and you weren't a Realtor, you'd just be a real estate salesperson. Realtors are also real estate salespeople, but because they pay their fees, they can use the title Realtor or Realtor-Associate.

Real estate is a generic term and you shouldn't have any problems unless you own for example...

Comment #4

"Any potential conflict" is a broad term.

Comparing domains? No problem. Real estate is utterly generic.

If one site appropriate the layout, appearance, colors, logos, and/or other distinctive indicia, then, sure, you could have a problem...

Comment #5

Thank you all. Labrocca, are you sure all these questions make any difference..

Both of us advertise realestate world wide, have active site, have online business only and .info is registered and developed after .com. Each has original contents and design..

Thanks again..

Comment #6

Yeah I am wrong judging by JBH's and others response. I didn't give enough credit to the generic value of the term realestate however I thought this was just an excersize and was thinking how your question would apply to just about any domain...

Comment #7

Generally speaking, these questions do not have "right" or "wrong" answers.

A domain name can be generic as you please, but if one site has been around for a long time, is well known, and generates a bazillion dollars in income, they just might give it a try...

Comment #8

Jberryhill, yes they can try, but in the case as simple as this one I think they don't have any chance. Otherwise, what is the purpose of new tld if not new (generic) domains for new people..

Thank you..

Comment #9

This question was taken from a support group/message board and re-posted here so others can learn from it.


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