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Old 04-01-2006, 05:46 AM
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Default Competitor's Keyword Ad Purchase May Be Trademark Infringement

Interesting article about one company capitalizing on the success of another.

This case involves two real estate companies. Edina Realty is a major old-line Minnesota real estate agency, and TheMLSonline.com appears to be an online realty agency with some full-service aspects. In that respect, the firms are competitive, although TheMLSonline.com also offers a content database of MLS realty listings from all sources, including competitor agencies.

http://blog.ericgoldman.org/archives...titors_key.htm

and, are you and/or your competitors doing the same?
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Old 04-02-2006, 02:19 PM
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Default Re: Competitor's Keyword Ad Purchase May Be Trademark Infringement

I find that personally very interesting as I have a client who is a member of edina realty, and he had us optimize and build links for that keyword, we were first page on Google for that term (Which wasnt very competitive) - then one day, we were just gone! We still ranked first page for the cities we targeted including the super competitive "minneapolis real estate" and for the life of me I couldnt figure out what the heck happened with that particular page. After reading this, I wonder if for some reason google blocked the page. There is a huge difference however, on our page, it was not copyright infringment as the client is an edina realty agent, and the page was just talking about his membership as a part of the organization, what he does there etc, we then supported it with a link building effort etc.

There are still thousands of sites not owned by edina realty ranking for that term, so that kind of puts my theory in question, but still very interesting.
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Old 04-02-2006, 04:12 PM
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Default Re: Competitor's Keyword Ad Purchase May Be Trademark Infringement

It's a small, small world.
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Old 04-03-2006, 08:02 AM
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Default Re: Competitor's Keyword Ad Purchase May Be Trademark Infringement

Interesting Doc...(as usual!)

I am now looking in my market for similar issues. (REMAX or RE/MAX or with our url...)

Regards!

Eric
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Old 04-05-2006, 10:39 PM
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Default Re: Competitor's Keyword Ad Purchase May Be Trademark Infringement

Go to Google and do a search for Edina Realty. There are some great examples of PPC (including themlsonline.com) that are blatently abusing the name. Many companies are seeing this problem and it will be interesting to see how the case plays out.

Also, look at the new policy that came down from our local MLS board:

Effective March 3, the RMLS Board passed a new rule restricting Participants’ use of the terms “multiple listing service” and “MLS,” especially in company names, web addresses, web domain names and URLs. Any current use of these terms in this manner must cease no later than September 3, 2006 (except for company names already in effect on March 3, 2006). For the full rule, please see Section 13 of the RMLS Rules & Regulations.

The purpose of the new rule is to ensure there is no inference that a broker/agent is or operates MLS, nor inference that the public has access to MLS through any broker/agent Web site. For more information on the importance of appropriate use of MLS/multiple listing service, please see “MLS: What It Is and What It Is Not” from Regional MLS President John Mosey.

Below are examples of appropriate and inappropriate uses of the terms MLS and multiple listing service.

Inappropriate Uses:
Creating a company name (3-3-06 or later) that contains “multiple listing service” or “MLS,” such as TwinCitiesMLS.
Using “multiple listing service” or “MLS” in your Web site domain/URL such as www.AcmeRealtyMLS.com or www.AcmeRealty.com/MLSlistings/
Making a statement on any Web page implying that the Web site visitor is searching the actual MLS database, such as “Search the MLS” or “Access RMLS/NorthstarMLS.”
Placing the RMLS or NorthstarMLS logos in any advertisement, Web site, or use in any other manner not authorized by Regional MLS of MN, Inc.
Appropriate Uses:

Stating that an agent or broker is a member of RMLS or NorthstarMLS.
Including an MLS number search function on your Broker Reciprocity Web site and labeling it “Search By MLS#.”
Instead of a statement like “Search the MLS,” use statements such as "Search for Homes," "Search for Properties for Sale," or if you want to reference the MLS: “Search for properties listed with Participants of Regional MLS of MN.”
Use of the MLS Service Mark available from The National Association of REALTORS® ( click here to view and download).
Required Disclaimer for Brokers that already have “MLS” in their company name:
For Participants that already had “MLS” or “multiple listing service” in their name before 3/3/06, a disclaimer must be placed prominently and conspicuously on the following:

All advertisements;
Web site home page;
Any page on the Web site from which visitors can search for property;
Any page on which another Participant’s listings appear.
The disclaimer must state that the company is not a multiple listing service but is a member of Regional MLS of MN, Inc.
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