nwmls threatening fines on directory listing

Homesurfer · 09-08-2006, 05:22 PM

I'm not trying to make this a trademark issue or any other kind of issue.

My discussion is much more fundamental. Some folks appear to be upset because the MLS associations don't want local sites advertising themselves as MLS sites. Others are saying that the MLS has no right to try and prohibit use of the term "MLS". I'm just pointing out that, if the term MLS has no value as a trademark (whether it is enforceable or not) some folks seem to be going to a whole lot of effort to utilize that term.

sdhomes · 09-07-2006, 11:53 AM

Quote:

If the term "MLS" has no value as a trademark, why is it important to include it in your URL

The trademark issue is not about value and I am not saying that it has no value in a domain. I would rather an agent use it than a 3rd party. "citymlslistings.com" is certainly valuable, but it isnt misleading as long as what is displayed is properly disclosed.

The irony here for me is that it would be better for me to take the side of the mls. I dont use the term in a way that most boards would object to and most of my anchor text would be beyond reproach as well, but I have several competitors who do use the term in a manner that would draw their ire. Seeing this BS enforced would effectively neuter several of them. I do believe that they should not misuse the term as they presently do, but that is not what we are talking about here.

NWMLS will find themselves in lawsuits - its just a matter of time.

As for their "harassment", its called restriction of trade, and its illegal. Our liberal 9th District Court of Appeals would have any boards within their jurisdiction for lunch, especially since the argument of NWMLS consists of trying to protect their mls while most of the non-realtor world is calling for its demise.

judyo · 08:03 PM

Sure we are and in my case I'm paying almost double for the "privilege." I pay my annual dues to utilize the MLS and I'm also paying (used to be $600, thanks to this forum it's now only $300) to have VOW on my site.

VOW is active MLS listings. Why can't I advertise the fact that I have all active MLS -or MLSNI - or multiple listing search, or whatever, on my site? I feel I'm paying to be able to utilize an acronym/descriptive phrase that has become a commonplace term, possibly because of the Internet.

NAR isn't telling me I can't use the term REALTOR® on my site or even in my url (as long as it's done properly - which we should make ourselves aware of the proper usage). Imagine NAR telling us we could no longer use the term anywhere? And I believe most people out there do not know the difference between a REALTOR® and a real estate agent. To the general public, we're all REALTORS®.

MLS and multiple listing search are becoming household words to the public (more so than IDX or VOW). As paying members we can't use the words but non-paying non-members can do whatever they want? Completely unfair!

My MLS isn't making this an issue - yet...

kyle422 · 08:02 PM

My thoughts exactly Judy.

On another note for everyone else participating in this thread, just remember that every individual board/association has control over how the MLS is implimented and how it is displayed on a brokers' and sometimes agents' website. Also, how the term MLS is marketed to the general public.
In contrast my association's MLS/IDX shows active, contingent, and pending listings all as active listings. This is quite confusing/misleading to the general Public. I get calls all the time on listings I have that are already under contract. Most of the time it upsets Joe Public when I tell them the Public MLS displays listings as active even if they are under contract. Our association even has a Public MLS that requires no registration to use and they call it "County Name MLS". This is what they have on the on the homepage (www.CountyNameMLS.com), "The general public can also search for property and real estate agents in the County Name MLS by clicking on the PUBLIC ACCESS button at left."
The Public MLS has the exact same information as the IDX. The company that supplies our MLS System refers to the IDX as access to the MLS as stated here in an email straight from the vender: "You are receiving this email because you purchased access to the InnoVia MLS system via our IDX solution."
Last of all, our Agent non public MLS system allows individual agents and/or brokers to decide if they want individual listings to show up on the IDX feed, the Public MLS, or the local papers MLS. Yes our local paper has a contract with our board and advertises "Search the County Name MLS" on their website. So as an agent I can decide if one listing will be on the public MLS, not the IDX, but allow it on the county newspaper's site (or any other combonation I choose). This in no way causes an opt out or opt in situation with our MLS.

So my point in all this being, in my area "County Name" MLS is a term that is advertised by our local board to the public, by our county newspaper, and by just about every agent that has a website, including me, which by the way is my strongest search term. I guess I'm lucky that my association/board has decided embrace making the term MLS public domain. Hey they even called it "Public MLS". Food for thought.

Homesurfer · 09-08-2006, 09:57 PM

I agree with Kyle. I agree with me. I agree with Judy. The MLS is local, period. I would agree with Bob, but being the forum's official "Contrarian" - I have to disagree with someone.

It is just that certain things bug me. Newspaper sites displaying MLS properties. Sites with MLS in the URLs. Sites that promote themselves AS an alternative MLS or AS IF they were the local MLS. One official MLS site that plagiarized all my articles for their web site.

A lack of ethics irks me, but if you're doing everything according to your local rules -- that's fine. That's how it is supposed to work.

The local MLS sets the rules.

kyle422 · 09-08-2006, 10:14 PM

Quote:

Originally Posted by Homesurfer

I agree with Kyle. I agree with me. I agree with Judy. The MLS is local, period. I would agree with Bob, but being the forum's official "Contrarian" - I have to disagree with someone.

It is just that certain things bug me. Newspaper sites displaying MLS properties. Sites with MLS in the URLs. Sites that promote themselves AS an alternative MLS or AS IF they were the local MLS. One official MLS site that plagiarized all my articles for their web site.

A lack of ethics irks me, but if you're doing everything according to your local rules -- that's fine. That's how it is supposed to work.

The local MLS sets the rules.

LOL, too funny Homesurfer. "I have to disagree with someone"
After 12 days without smoking I thought you would come back fierce!

sdhomes · 09-08-2006, 10:24 PM

I'm cool with you disagreeing with me Terry, but we are not disagreeing. It IS about ethics - although there are some exceptions where its about ignorance.

The problem is when they say I cant use the term at all: not just governing the unethical use of the term by mls members who misrepresent the truth. There are already laws about deceptive advertising. It becomes an issue when I cant optimize for the term MLS but HomeGain or Zillow or any of a zillion other sites out of the reach of the local MLS can. That becomes a restriction of trade that is subject to anti-trust laws and they will get slapped silly, regardless of their rules.

webmaster · 09-08-2006, 10:34 PM

OMG I AM AGREEING WITH BOB WILSON TOO! This thread is !@#@!% up

Just a constant reminder for those joining in, this is NOT ABOUT TRADEMARK LAW its about INTERNAL RESTRICTION OF USE BY AN ORGANIZATION THAT YOU ARE PRETTY MUCH FORCED TO BE A MEMBER Of

Quote:

Originally Posted by sdhomes

I'm cool with you disagreeing with me Terry, but we are not disagreeing. It IS about ethics - although there are some exceptions where its about ignorance.

The problem is when they say I cant use the term at all: not just governing the unethical use of the term by mls members who misrepresent the truth. There are already laws about deceptive advertising. It becomes an issue when I cant optimize for the term MLS but HomeGain or Zillow or any of a zillion other sites out of the reach of the local MLS can. That becomes a restriction of trade that is subject to anti-trust laws and they will get slapped silly, regardless of their rules.