nwmls threatening fines on directory listing

[MarcinSarasota]

MLS Associations should NOT put up a local or regional property search site. In exchange, they probably should have protected their trademark better.

As far as I can tell no Realtor organization has a trademark on the phrase "MLS". It is actually owned by a medical company.

[4percentrealtor]

Bob -

You know, I have noticed Rain City Guide, and I am not sure how that site falls into NWMLS rules. It appears at one point NWMLS asked them to remove their search function from their site. I am not sure how this was resolved though. You're right though RCG has it together. Almost every Google search involving a western washington city and real estate, realtor, homes, etc shows RCG in the top 20. I must say that I enjoy most of their content though.

[4percentrealtor]

OK - I have received the official blessing of the legal affairs coordinator of NWMLS. I have been absolved of all my sins. I shall not be fined. My penance shall be reduced business, and three lashings of my big toe (OK, I made the last one up).

I received a 3 page letter today, explaining how wrong I was, but that I have been a good boy for ridding the world of the misuse of the term MLS, NWMLS, and the three treed logo. They should hire me as the NWMLS Superman.

Morgan,

I did want to quote to you their specific response to the REW use of the term Seattle MLS in the directory. I am going to place my comments in parentheses for fun.

"Mr. Smith also copied me with email correspondence from his Internet Service Provider, (Thanks Morgan - now your my ISP - I never knew that )
RealEstateWebMasters.com. Contrary to the ISP's opinion, NWMLS is not claiming trademarks or copyrights on the generic terms "multiple listing service" or "MLS." Instead, NWMLS is simply enforcing the rules that were created by and now govern our members (Why didn't I get to vote... oh yeah only the good ol boys in Seattle have a vote). We have no obligation to enforce the rules against third parties in which you contract for internet services, (was I asking them too?) by virtue of your membership with NWMLS, you have an obligation to ensure that the business relationships you form allow you to operate in compliance with each of these rules. (I guess what he's saying is that I should issue Morgan a $5000 fine for being naughty)"

This is the biggest avoid the issue, turn the arguement, piece of garbage response I have ever heard. I guess that's what you get from a lawyer. (And to think... my dues are paying his salary... he's laughing all the way to the bank)

To be fair and balanced. I was pleased he actually responded. Its been three weeks, 5 phone calls, 2 letters, and one email later... but he did it. Good Job Big Boy.

[webmaster]

The funny thing is, we are not "your anything" - we arent your service provider, your host, your ISP, your web developer nada - what a bunch of presumptuous twits lol - although its probably not worth bringing to their attention now, perhaps you might save someone else some grief by telling them to first look into whether or not there is in fact A "business relationship" between their "member" and the third party.

If you rank for "Seattle MLS" without it on your website at all, will they contact you and tell you to tell Google to take down your listing or change the way it is displayed?

Meh - it was certainly an interesting debate and I'm sure the first of many, thanks for your input and participation.

[4percentrealtor]

Thanks Morgan -

Yours truly,

Screwed

[AaronSOLD]

I have to disagree with you guys. If you placed an ad in the newspaper saying: "search the MLS for free" you'd expect to get in trouble, wouldn't you?

Well if you say: "Hey Webmaster, place my link on your site and I'll do the same on mine... oh and by the way, here's the link text I'd like you to use."

Tell me how that's not a business relationship? Just because money didn't exchange hands for that particular item, there was compensation in the form of reciprocation.

Now if some blog randomly saw his site and said: "this is a cool way to search the MLS for SeaTac" then I'd agree.

Not that I agree with their rule, but I do think they have a valid point on their position.

[kid disco]

The funny thing is, we are not "your anything" - we arent your service provider, your host, your ISP, your web developer nada - what a bunch of presumptuous twits lol - although its probably not worth bringing to their attention now, perhaps you might save someone else some grief by telling them to first look into whether or not there is in fact AND "business relationship" between their "member" and the third party.

If you rank for "Seattle MLS" without it on your website at all, will they contact you and tell you to tell Google to take down your listing or change the way it is displayed?

Meh - it was certainly an interesting debate and I'm sure the first of many, thanks for your input and participation.

FYI...

In this case, by "ISP" I think they meant "Information Service Provider" not "Internet Service Provider. Confusion always arises between laywers and internet geeks when the acronym "ISP" is thrown around.

[kensmith]

Have to agree with Aaron, there is a business relationship there. It may not have been money, but something of value was exchanged.

[sdhomes]

Have to agree with Aaron, there is a business relationship there. It may not have been money, but something of value was exchanged.

Prove it!

[AaronSOLD]

Prove it!

Honestly, are you really looking for a response on that?

Here's another analogy (I like them ):

Say you print off a whole bunch of flyers saying "Search the San Diego MLS on my website" and your board has told you that you cannot advertise as such. Even though the board wouldn't be able to tell someone to take the flyer down, they could still punish you for creating the flyer in the first place. Same thing with the web.