{"id":2578,"date":"2008-02-08T03:56:05","date_gmt":"2008-02-08T10:56:05","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=2578"},"modified":"2008-02-08T05:57:22","modified_gmt":"2008-02-08T12:57:22","slug":"what-will-the-nar-do-with-this","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2578\/what-will-the-nar-do-with-this\/","title":{"rendered":"What will the NAR do with this?"},"content":{"rendered":"

It would be too easy to pile on the NAR, what with their recent tempests<\/a> in respective teapots<\/a>.  But here is a hypothetical –<\/p>\n

What’s the NAR<\/a> going to do in this scenario as described at SearchEngineWatch<\/a>?<\/p>\n

Adding more confusion to the case law surrounding trademark issues and search advertising, a Sixth Circuit federal court in Kentucky found that keyword advertising is a “trademark use in commerce” under the Lanham Act.
\n…
\nIf buying an ad triggered by a trademarked keyword is eventually found to be a trademark use in commerce, that would essentially prevent advertisers from doing so legally. Goldman has written<\/a> quite extensively about online trademark law<\/a>, and he agrees with the Second Circuit courts.<\/p>\n

The Lanham Act defines “use in commerce” as using a trademark on physical packaging or displays, or “in the sale and advertising of services,” an ambiguous definition when it comes to the Internet and search engine marketing, says Goldman. He expects the matter to remain unresolved until Congress passes a new law or the Supreme Court makes a ruling.<\/p>\n

Google’s current trademark policy allows advertisers in the U.S. and Canada to trigger an ad from another party’s trademarked keyword, but not to use the trademarked term in the ad text. In all other countries, advertisers are not allowed to do either.<\/p><\/blockquote>\n

If a Realtor advertises with Google for “Charlottesville Realtor,” or “Phoenix Realtor” would they be met with a Cease and Desist from NAR? While “Realtor” is trademarked, wouldn’t Realtors benefit more by having the word officially enter the vernacular akin to Doctor, Lawyer, Mechanic?<\/p>\n","protected":false},"excerpt":{"rendered":"

But here is a hypothetical – What’s the NAR going to do in this scenario as described at SearchEngineWatch?Adding more confusion to the case law surrounding trademark issues and search advertising, a Sixth Circuit federal court in Kentucky found that keyword advertising is a “trademark use in commerce” under the Lanham Act….If buying an ad triggered by a trademarked keyword is eventually found to be a trademark use in commerce, that would essentially prevent advertisers from doing so legally.  Goldman has written quite extensively about online trademark law, and he agrees with the Second Circuit courts.The Lanham Act defines “use in commerce” as using a trademark on physical packaging or displays, or “in the sale and advertising of services,” an ambiguous definition when it comes to the Internet and search engine marketing, says Goldman.  He expects the matter to remain unresolved until Congress passes a new law or the Supreme Court makes a ruling.Google’s current trademark policy allows advertisers in the U.S. and Canada to trigger an ad from another party’s trademarked keyword, but not to use the trademarked term in the ad text.  In all other countries, advertisers are not allowed to do either.If a Realtor advertises with Google for “Charlottesville Realtor,” or “Phoenix Realtor” would they be met with a Cease and Desist from NAR?<\/p>\n","protected":false},"author":27,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[5,19],"tags":[],"class_list":{"0":"post-2578","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-real-estate","7":"category-technology","9":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":16150,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/16150\/the-inman-two-step-errol-samuelson-has-an-opportunity-to-get-it-right\/","url_meta":{"origin":2578,"position":0},"title":"The Inman Two Step – Errol Samuelson has an opportunity to get it right…","author":"Eric Blackwell","date":"August 4, 2012","format":false,"excerpt":"Warning - long post ahead. I had a lot on my mind. ;-) This last week and my trip to Inman has been a whirlwind and I just walked in the door from the airport. I have literally been too busy to write some of the things that I experienced\u2026","rel":"","context":"In "Real Estate"","block_context":{"text":"Real Estate","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/real-estate\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":73,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/73\/lets-go-get-sued-some-more\/","url_meta":{"origin":2578,"position":1},"title":"Let’s go get sued some more…","author":"Greg Swann","date":"July 6, 2006","format":false,"excerpt":"At 360 Digest, an exceptionally fine real estate weblog, Marlow Harris weighs in with this idea about an incipient on-line real estate start-up:Blue Roof, like Redfin and Zip Realty, misrepresents their status as \"Realtor\" and claims to be a member of the National Association of Realtors and adhere to its\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":9853,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/9853\/an-educated-consumer-is-someones-best-customer\/","url_meta":{"origin":2578,"position":2},"title":"An educated consumer is someone’s best customer","author":"Damon Chetson","date":"September 25, 2009","format":false,"excerpt":"Having been a BHB devotee since nearly the blog's birth, I'm honored to be here. If you grew up in the Northeast, you probably recall Sy Syms, owner of Syms clothing outlets, with his ubiquitous television commercials. Sy would end each commercial by saying: \"An educated consumer is our best\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":5025,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/5025\/sarasota-association-of-realtors-the-real-cybersquat\/","url_meta":{"origin":2578,"position":3},"title":"Sarasota Association of Realtors – The real Cybersquat","author":"Eric Blackwell","date":"October 16, 2008","format":false,"excerpt":"If you are not familiar with the controversy brewing around Marc Rasmussen, here is a great place to start. Morgan has laid the essence of the story out for the world to see. Others are starting to chime in already on it as well. It boils down NOT to trademark\u2026","rel":"","context":"In "Real Estate"","block_context":{"text":"Real Estate","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/real-estate\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":14390,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/14390\/what-might-have-happened-if-the-nar-had-not-caused-this-economic-downturn-we-dont-know-what-we-know-is-that-the-national-association-of-realtors-was-the-sine-qua-non-cause-of-the-great-recession\/","url_meta":{"origin":2578,"position":4},"title":"What might have happened if the NAR had not caused this economic downturn? We don’t know. What we know is that the National Association of Realtors was the sine qua non cause of the Great Recession.","author":"Greg Swann","date":"April 5, 2011","format":false,"excerpt":"This post is grown from a comment left by Brian Summerfield, editor of Realtor magazine. Before I begin, I want to commend Brian for daring to show up here to debate this topic. I think he's wrong, but the man has more guts than the people who pay him. Now\u2026","rel":"","context":"In "Group Therapy"","block_context":{"text":"Group Therapy","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/group-therapy\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2235,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2235\/the-odysseus-medal-competition-voting-for-the-peoples-choice-award-is-open-7\/","url_meta":{"origin":2578,"position":5},"title":"The Odysseus Medal competition — Voting for the People’s Choice Award is open","author":"Greg Swann","date":"November 18, 2007","format":false,"excerpt":"Eighteen nominees this week. I had a bunch of posts from Active Rain, and, while I didn't pick any this week for the short list, I'd like to encourage y'all to continue to enter. There is some good stuff over there that I would not see otherwise. Vote for the\u2026","rel":"","context":"In "Blog Carnivals"","block_context":{"text":"Blog Carnivals","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blog-carnivals\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/2578","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/27"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=2578"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/2578\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=2578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=2578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=2578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}