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 (because MLS is NOT a trademark that NAR owns), but greed and envy from fellow REALTORS over a guy who worked his butt off to get ahead. It boils down to an Association that is run amok. They battle a guy and take him to court and when they finally win, and he redirects the domain, they then go to ICANN and try to win the right to take ownership of it, by claiming his domain is confusing to potential customers and Cybersquatting. And he is now appealling ICANN’s decision that will send his site–and the authority that it has built (his site is dominant in the search engine rankings)–over to his association. When he re-directed the domain, the battle was over. He was no longer “cybersquatting” at that point. He was no longer hurting them, but by them trying to grab his domain, they were trying to take away his asset and livelihood pretty much to make a point.
That is not right. That is a land grab. That is PUNITIVE.
He (Marc Rasmussen) is no different than you or I. He built his website’s authority over a number of years. I have known him for several of those years. And because he had the courage to buck the MLS “supposed trademark that they do not have” issue, he had to fight his own “Association”. Standing up against idiocy. Many of us have had local issues that we stood up for. And yet, this one will cost Marc dearly.
My take? (Glad you asked!) I am TIRED of jealous folks at a local Board of REALTORS using thug tactics (and loopholes brought about by IDIOTIC NAR regulations that should never have been made in the first place) to bring someone who is extraordinarily achieving into line with the rest of their sorry butts. In my world, excellence and hard work is rewarded and not torn down. Even if that hard worker is my competitor. You respect that. You don’t tear it down. It thoroughly makes me ill that he gets pursued to the ends of legal-dom by an “Association of his peers” that is supposed to represent him. Instead they persecute him far beyond “protecting the group”.
It makes me question the legitimacy of that organization when my normal nature is to work from within. I WANT to believe that there is a way to correct this internally and hopefully there will be, but if there is not and if not getting justice for Marc is being “within”, then I want to be “without”. Sad, but true. My own nature is to work from within, but this just makes me want to fight.
I do think most issues can be better changed from within than without (and would much rather work that way), PROVIDED change is possible, but I also have a visceral disgust for meanness, and an Association that will go beyond the pale and take away the assets of its member (apparently to me) solely for the sake of punitively making a point that should have never been made in the first place fits that bill. SAR’s message to Marc Rasmussen: “Be OK with mediocrity. Don’t raise an issue. Don’t strive for excellence. Don’t even follow what industry “experts” (snort) like Mr Internet tell you to do when selecting a domain name. Don’t color outside the lines. If you do, we will bring you back in. Oh and make sure that you get your continuing education in–especially the ethics class.”
Yeah…I think the Sarasota Association of REALTORS Board of Directors could use an ethics class. I’d love to teach it. It would start with “You folks don’t know Cybersquat. You ARE cybersquat.”
Best wishes to Marc on his new Sarasota real estate site.
Missy Caulk says:
Thanks for the information, read Morgans story, and I will pass it on.
October 16, 2008 — 7:19 pm
Lou Lynch says:
Eric,
I just dropped a comment on the inman blog in support of Marc. This issue hits home with me as I went through a similar ordeal. I owned and operated a domain that illegally used the NAR trademark of REALTOR. The domain UlsterCountyRealtor.com was discovered by NAR after a local competitor went to our local board and pressured them to go to the NAR and take action. After a lengthy interaction with the NAR trademark people, I changed the branding and URL to satisfy the NAR and avoid legal action. NAR allowed me a redirect so that I would have time to rebuild position. That wasn’t good enough for my competitors who continued to pressure the local board and myself until I completely took down the site (even though I brought the site to full compliance with the NAR).
Marc needs to stand his ground here as it seems to be more of a pissing contest than anything else. What makes it even worse is that he acted on the advice of the NAR in registering the name initially and now they are back tracking?
Let me know what I can do to help.
October 16, 2008 — 7:23 pm
Joe Hayden says:
Wow Eric… Thanks for getting this in front of my eyes. What a terrible tragedy for Marc. I read all of Morgan’s post, but not any of the public domain rulings. On a quick glance it seems clear Marc was targeted for becoming too successful with his internet marketing. I’ll take this as a shot across the bow and make a few changes to my domains…
October 16, 2008 — 8:14 pm
J Boyer Summit NJ says:
Thanks for posting this Eric, I don’t read the REW blogs as much as I used to so would have missed Morgan of Real Estate Webmasters post otherwise. The Sarasota Association of Realtors should be ashamed of themselves. I agree with you, they are The real Cybersquaters.
October 16, 2008 — 8:54 pm
Bob says:
Great post Eric.
There is a way to correct this, but it involves those who are already in position to stand up and raise their collective voices against this ridiculous action. There are those out there who could have a tremendous impact on this if they chose to do so.
October 16, 2008 — 9:03 pm
Russell Shaw says:
I don’t see it as actions of “the association” but as the actions of specific despicable individuals.
Does anyone have their names: the names of the people who did this?
October 16, 2008 — 9:15 pm
Thomas Johnson says:
Where exactly is Dept. of Justice when real restraint of trade is being perpetrated by NAR?
October 16, 2008 — 9:25 pm
Scott Hack says:
I’m totally taking NAR off my Christmas card list. I hope someone in a position of power steps up and tells this local board to go pound sand!
October 16, 2008 — 9:51 pm
Bob says:
Sarasota Association of Realtors, Inc., is listed as the complainant. That would mean a vote of the officers of the corporation to push this forward.
October 16, 2008 — 10:05 pm
Eric Bramlett says:
I think they’re busy teaching the powers that be how to twitter (that’s what’s really important.)
October 17, 2008 — 12:02 am
Eric Blackwell says:
@Russell’s point- Which I think was a good one. The board of directors has likely changed a couple of times. I do think it would be good to find out who the IMPETUS was behind getting them to do this. I am not sure of who that is…and their usually is one, board administrators don’t typically say “Let’s go sue someone today 😉 ”
Perhaps the right one to get the SAR board to STOP the problem is the one who got them to START it. We are, after all, trying to get to justice more than make a statement and say tsk, tsk…
Was I reading you correctly, Russ?
They may simply be following the advice of a lawyer who has a burn it to the ground and bury it mentality too…
For the record, my personal objective here is simply to see them let Marc keep HIS domain (or course it would be re-directed), but would preserve the authority that Marc worked so hard to build.
Would be great to have some NAR wind in our sails to help that cause.
October 17, 2008 — 3:08 am
Craig Klein says:
Unfortunately Eric, when politics and business mix, people who buck the accepted way of doing business will get squashed.
Watch the Washington politicians strong arm banks into selling them selves out…
I say go Marc! This controversy should become a huge PR opportunity for him!
October 17, 2008 — 4:48 am
Arlington real estate says:
Everybody, read the article from Morgan at the top of this post on the issue. I’m pissed!
We need some creative artwork from russel shaw on this issue like he did w/ eJerks @ bloodhound. I’ll see what I can do. It’s imperative for the 2.0 community to rise up and nail the SAR for eating one of their own who has helped hundreds of his competing realtors sell houses ironically thus having a positive impact on their businesses as well as his own.
This is disgusting and the work of losers in every sense.
Link love is on the way and hopefully a great post on the matter. The SAR’s contact info:
Sarasota Association of REALTORS®
3590 S. Tuttle Avenue
Sarasota, FL 34239
(941) 923-0191 (fax) info@sarasotarealtors.com
What/who is the best person to contact at NAR on this issue? Aren’t they supposed to be representing us/marc? Why do we pay all the dues to NAR if they are unwilling to change Article 12 of the National Association of Realtors Code of Ethics.
One member posted at REW’s site (see link above again) and put it this way:
“It is really amazing that these guys have stooped so low when every REALTOR in the country received REALTOR Magazine with a feature article by “Mr. Internet” stating that REALTORS should consider domain names that included their “city name” plus “MLS”. That’s right, the National Association of REALTORS official publication sent to all of it’s membership and recommended for agents at large to do exactly as Marc Rasmussen did in naming his domain. How’s that for playing by the book in a good faith and ethical manner? What really stinks is that Marc Rasmussen invested many thousands of dollars and thousands of hours (and those thousands of hours should be equated to dollars too) to do exactly as recommended by his trade association, the NAR and when his local association had hearings and refused to find he had done anything unethical, the Sarasota MLS Board went to ICANN and ripped him of all his effort, time, and investment by the simple taking of a URL. I find the actions horrific and wonder how the NAR, Florida Association of REALTORS, or Sarasota Association of REALTORS can continue to associate itself with the Sarasota MLS Board. ”
Well said. The NAR has a responsibility to nail somehow SAR and make this right and correct Article 12 of the National Association of Realtors Code of Ethics.
Write an article on your blogs about this and send appropriate contextual & creatively phrased links (not just sarasota real estate) to Marc’s new site: http://www.luxurysarasotarealestate.com/
I would like to look into more what the consequences would be from my losing my “realtor” status locally. I’ve refused to use the word since the NAR made fools of themselves from 2005-2007 saying everything was rosy in the RE markets incessantly. Perhaps I would have to switch brokerages? I have a feeling I’m imprisoned to being a member of NAR. This is bogus.
October 17, 2008 — 5:09 am
Arlington real estate says:
It would be funny if some websites or webpages (blog posts) SEOed for SAR and Sarasota Association of Realtors explained the outrageous violation of trust and ethics by the SAR for the public, realtors and the media to find when they search the term sarasota association of realtors….
October 17, 2008 — 5:35 am
J Boyer Chatham NJ says:
@Arlington — It would be even funnier if said post could out rank the Sarasota Association of REALTORS and list the vindictive members of SAR – the Sarasota Association of REALTORS who pushed this, by name. Even list their website addresses if they have them.
Rotten people like these should be made to here the outrage. Shame on you Sarasota Association of REALTORS managment board.
October 17, 2008 — 6:49 am
Gulfshoreslife says:
Eric,
Contrary to the statement of Mr. Cherry in the Inman News article and counsel for Sarasota Association of Realtors, Marc never was cybersquatting, he was following the advice of his trade association the National Association of REALTORS.
All of Marc’s efforts were to build great value into a domain or URL and done under the recommendations of Mr. Internet, an advice column in the National Association of REALTORS monthly publication REALTOR Magazine.
Very few in the NAR or SAR understand or if they do then fail to acknowledge that all of the value of Marc’s thousands of hours of efforts and thousands of dollars of investment lie in the domain name that was used entirely in good faith, with no intent of deception, no fraud, and done exactly as recommended by an organization he should be able to have full faith in and which should be standing behind him. The silence of support from the recommending organization and parent organization of SAR is quite remarkably deafening!
October 17, 2008 — 7:01 am
Marc Rasmussen says:
I love it. Great post Eric! I appreciate it and everyone’s support. I love how big this is getting. Hopefully, the NAR is listening.
October 17, 2008 — 7:28 am
Eric Blackwell says:
Marc-
If there is one thing that I do to a fault, it is to support my friends. I consider you (and Morgan) both to be in that category (as well as a ton of people in this community and that have commented here.) I would write the same for any of them, given the need. Let’s hope they don’t have to endure what you have.
I think the treatment you received was over the top and unfair. Here’s hoping that NAR sees their way clear to help our cause. They could create a TREMENDOUS amount of goodwill by doing so.
Best;
Eric
October 17, 2008 — 7:35 am
Gulfshoreslife says:
Hey everyone, please stop by and help me complete this song – Come sing along and add your own verses in the comments – http://gulfshoreslife.wordpress.com/2008/10/17/the-sar-pokie-hey-thats-what-its-all-about
October 17, 2008 — 8:20 am
Carolyn Gjerde-Tu says:
When this went beyond a redirect, it became punative. It would be extremely unfair for the Sarasota Association to pick up Marc’s domain and then benefit from all the work he did to get it to rank. He’s agreed to stop using the URL.
October 17, 2008 — 11:03 am
John Sabia says:
…actions of specific despicable individuals hiding under anonymity. in other words, Cowards.
October 17, 2008 — 11:17 am
Damon Pace - Incredible Agent says:
If you search “Sarasota MLS” Marc’s new site is #1 and not “TheSarasotaMLS.com”…So he’s already won in the search engine battle. Owning many MLS domains myself means I support what Marc is doing. However, I am no longer a “Realtor” so they can’t do anything about it anyways. Good Luck Marc!
October 17, 2008 — 12:59 pm
Joe Lane says:
Excellent post Eric. I have a blog entry at ActiveRain running on this as well: http://activerain.com/blogsview/744440/TheSarasotaMLScom-Is-History-Maybe-Youre-Next
Missy left a message regarding your blog so I thought I’d check it out. Nice work as usual Eric.
October 17, 2008 — 2:23 pm
Judy Orr says:
The CEO of SAR has spoken! Read through the comments at http://activerain.com/blogsview/744440/TheSarasotaMLScom-Is-History-Maybe-Youre-Next
I love how he tries to say that NAR did not “write” Mr. Internet’s article and wrote out the full disclaimer. That makes everything OK, doesn’t it? LOL!
October 17, 2008 — 3:42 pm
Morgan Carey says:
Why does everyone assume the CEO is a “he” – SAR’s CEO is in fact a woman, I called her out by name in the comments on my blog (she posted there as well check it out) http://www.realestatewebmasters.com/blogs/morgan-carey/6350/show/
How much you want to bet she doesn’t respond?
October 17, 2008 — 6:18 pm
Paul in Las Vegas says:
“by claiming his domain is confusing to potential customers”
700 Visitors a Day and not one complaint that could be brought forward??? In essence, the whole idea of the new rule not allowing MLS in domain names owned by REALTORS is based on the premise that “they don’t want the public confused”.
I think Marc’s site has been proof positive for several years that this is not the case since the volume of visitors in relationship to the amount of complaints from “confused” visitors speaks for itself.
I’m also wondering if Marc ever had an appraisal done for that domain name??
October 17, 2008 — 6:24 pm
Joe Lane says:
Check this out: http://www.joelane.com/images/sarasota-mls-search.jpg I wonder how deep SAR’s legal budget is!
October 17, 2008 — 6:35 pm
Marc Rasmussen says:
Hi Paul,
Thanks for the support. I never got an appraisal for the domain.
October 17, 2008 — 6:39 pm
Jennifer Mackay says:
There are so many posts on this subject, I’m having difficulty keeping up 🙂
I also support Marc. It was his site that gave me inspiration to create a website of my own.
This whole issue continues to be ludicrous, and I doubt NAR will stand up to anything. If I didn’t HAVE to be a member of NAR (thanks to my board), believe me I would not be!
SAR shame on you!
October 17, 2008 — 7:18 pm
Judy Orr says:
Morgan, I caught my comment after you posted the true identity of the CEO. Can’t go back and edit our remarks.
October 17, 2008 — 7:26 pm
Eric Blackwell says:
@Damon- Thanks for commenting. Pleased to make your acquaintance! I need to clarify something though. The reason that his new site is #1 is that the old site is still redirected to it, while an appeal of the ICANN decision goes on.
That’s really the rub. If Marc has to turn over the domain (and all of the links and authority that he has built up), then they will (presumably) redirect it away elsewhere. And Marc will have to rebuild from essentially scratch.
I think people here can understand the huge investment of time and money that is.
Best;
Eric
October 18, 2008 — 3:39 am
Arlington real estate says:
I’m waiting for SAR to respond to the issues on its trademark from 50 years ago. BTW, the world has changed since 50 years ago and I’m sanguine that MLS is now not a term that can be trademarked. To think trying to monopolize the MLS terms out there is right shows a lack of judgement or character. The public knows that MLS means listings. they do not care whether is is “the” MLS locally or just the access to the local real estate listings. They do not care at all, SAR CEO.
IF you have any integrity left on this issue you will allow thesarasotamls to be redirected to try and solve this with Marc.
You are ignoring the reality that MLS is not giving Marc an unfair advantage which tells me you are not really concerned with truth but rather an agenda–like most politicians or media. What happened to focusing on serving the public/consumers? don’t you think Marc’s site helps consumers looking for real estate much more than most of the other pathetic realtor websites out there? If not you are an idiot. If you do see the obvious–that Marc’s site is truly excellent and a great service and tool to the public why are you trying to crush it? What is your purpose? what are your goals? To serve your members by crushing them? To serve the public by trying to keep the best websites on real estate away from the consumers? Or to try and retain and much influence whether positive or negative as possible…again like politicians. You should be ashamed of yourself, SAR CEO. How can you look at yourself in the mirror!
the reality is that Marc has helped 100s of other realtors make $$$ with their clients since so many of their clients find their homes on Marc’s superior laid out site and then approach their realtor about those listigns. I know as each week people tell me they found / bought their home with their realtor so they don’t need my MLS updates now.
I can’t wait for the media to run with this as the story goes national. This anti-competition mentality is what the DOJ supposedly is concerned about. Suppressing the choices of consumers is not what being a REALTOR is meant to be. Service, excellence, etc.
The SAR now looks worse than the NAR during the 2005-2007 years.
The NAR is hiring a social media manager according to Pamela Bagati the VP of REALTOR magazine online. Here was my letter to her:
Pamela,
I wanted to make sure you received my reply to your post on the awesome real estate zebra blog about the new social media mngr coming to town at the NAR. Before NAR tries to put on a show to its members of trying to do anything for them, how about they stand up and correct their very own errors concerning the intersection of real estate and technology? How about the NAR come out and take a stand on a gross injustice and fix their code of ethics.
Maybe NAR will be taken more seriously on their supposed concern with social media when the throw out their bogus Article 12 of the Code of Ethics after they initially in REALTOR magazine encouraged realtors to use keywords such as MLS (a generic term these days). Now successful realtors who pay $$$$ to the NAR are being persecuted by their local MLS boards by jealous realtors who refuse to modify their business models.
If it does not the NAR will lose even more credibility with its begrudging “members” who learn of how the NAR “supports” them. The story will go out to the media, local real estate brokerage listservs, etc.
The time for the NAR to act is now before playing around with a cutesy social media manager….
And Pamela, is my post uncivil? Yes, but that’s nothing compared to the NAR’s silence on the issue of which it is well aware.
Below was my response to your post at zebra:
The NAR is allowing with Article 12 of the Code of Ethics serious injustices to go on as a result of realtors taking the NAR’s good advice in its magazine. This is upside down and disgusting.
To be taken seriously in their social media endeavors NAR needs to rescue these realtors who are being thrown under the bus with the NAR’s misguided and unintentionally nefarious policies.
Prove to us you care about your members instead of the bullcrap Pamela Kabati. Seriously! What are you going to do about it? That what I and hundreds and soon to be thousands want to know. What are you going to do about it and when?
October 18, 2008 — 4:38 am
Davis Real Estate says:
Eric:
Thanks for adding to the exposure and outrage on this issue. Any of us could end up in a similar situation, and all your hard work is lost.
-Tom W.
October 18, 2008 — 10:52 am
Arlington real estate says:
My SAR badge is up and running at my homepage!
October 18, 2008 — 12:49 pm
Eric Blackwell says:
Very nice, Arlington.
I think this is the point of the campaign where we have to keep the heat on and hopefully, SAR will come to an agreement and get this resolved.
Google Sarasota Association of REALTORS. The power of this blog is already being felt.
October 18, 2008 — 1:12 pm
Sonja says:
What the SAR is doing to Marc is a travesty. I’m not a Realtor or a real estate agent, but I do have clients who are.
I’m so angry about the SAR’s Gestapo tactics that I’ve set up a blog specifically about this issue: SarasotaMLSSucks.com
Courts have repeatedly held that “sucks” sites, when used in legitimate protest, are protected under the fair use exception. The SAR can chew on that.
October 18, 2008 — 2:23 pm
Joe Lane says:
Wow Sonja! You know it’s serious when websites are created to get the word out. Great idea!
October 18, 2008 — 2:49 pm
Gulfshoreslife says:
Dr Blackwell, you rock!
A little relationship building and you are #3 for “Sarasota Association of Realtors”! I don’t guess you have to have those words in the URL to rank after all, do you?
I wish SAR CEO would have come back with a redirect offer in lieu of seeing something like this blog go to #1.
I don’t guess the SAR Board kept up with the Greatest Real Estate Agent in the World contest…… but I guess they aren’t all that internet savvy anyway, if they were they wouldn’t try to take someone else’s loving away.
October 18, 2008 — 4:17 pm
Mike Pannell ( Dallas Realtor) says:
I think it is the work of the BLUE HAIRED. They dont like us internet guys
October 18, 2008 — 8:30 pm
Gulfshoreslife says:
A couple interesting quotes from REALTOR Magazine:
“The MLS’s job is to bring data together, not to provide marketing tools or reconstruct resources members already have,” says Harley Rouda Jr., CEO of Real Living, headquartered in Columbus, Ohio, and serving 11 states with 4,000 plus sales associates.
“Consumers should have access to the listings through IDX, but I want them to come to me or another broker, not the MLS,” says Mark Woodroof, GRI, partner and broker with Houston’s Prudential Gary Greene, REALTORS®. “And I don’t want my dues to pay for promoting the MLS’s site,” he says.
A sizeable percentage of REALTORS® agree. According to the CRT’s MLS survey, 43 percent of REALTOR® respondents said MLSs should not provide a public Web site.
http://www.realtor.org/archives/feature3jun06
October 19, 2008 — 6:29 am
Judy Orr says:
Gulfshorelife (Cal), At least our MLS removed their public search site with some pressure from us and that was quite a few years ago.
October 19, 2008 — 9:51 am
Eric Blackwell says:
OK…it appears that this post is getting some notice. Great! Thanks to all who have helped. The faster we get this out to the real estate community, the more likely that SAR will come to its senses and realize that what they have done is punitive and beyond the pale.
If you have written a blog post on you RE blog on this subject, please give me a shout out and we will help you get it noticed. One of those SAR badges off of Morgan’s post would be great too!
Best
Eric
October 19, 2008 — 10:02 am
Michael Higdon says:
Other MLS’s that might be offended…
Master of Library Sciences
Microwave Limb Sounder
Metropolitan Library System
Major League Soccer
Marketing Library Services
October 20, 2008 — 12:14 pm
Julia V says:
Hello Eric, just dropping by to offer my support. Just checked Marc’s original wesite and it’s been redirected to SAR’s website already. Reminds me of something like what a dictator would pull.
October 22, 2008 — 9:24 am
Jason Painter says:
Thanks for this post Eric, and thanks for helping us all take a stand against NAR and SAR on this ridiculous MLS in the domain name issue.
October 22, 2008 — 5:24 pm
Eric Blackwell says:
@Jason- My pleasure.
@Julia- yes, unfortunately it has. I don’t have a ton of details WHY they went ahead and took it. I thought it was on hold through the appeal process. Either way, I am not going away. Thanks for the support.
October 22, 2008 — 6:46 pm
Northwest Living says:
I wonder if anyone as thought of putting together a group of protesters outside this years convention in Orlando, Florida. Orange County Convention Center, Orlando, Florida; November 7-10, 2008. A protest against NAR rule change to Article 12 and against SAR. Just a thought…
October 24, 2008 — 1:40 pm
Hector Lesende says:
Great post Eric, this is a very unfair ruling against Marc. I am linking to Marc’s site from my home page.
October 24, 2008 — 2:20 pm
Sue says:
I first read about this situation on REW and I see you’re all here! So better late than never for me. This situation is particularly disturbing because, like Gulfshorelife said…
>> Marc never was cybersquatting, he was following the advice of his trade association the National Association of REALTORS
That could happen to any of us and is very unfair. Marc, you seem to be holding up and pushing forward inspite of it all!
November 27, 2008 — 7:24 pm