How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Legal Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

I have a question about trademark infringement

Customer Question

I have a marketing company called National Association Representatives, we produce sales leads for health insurance, via direct email marketing to independent contractors including real estate agents. The name of my domain is narinsurance.com. After a few months of doing this, the NAR (Natl Assoc. of Realtors) sent me a certified letter ordering me to cease an decist the marketing to real estate agents claiming copyright infringement. They threatened legal action such as an injunction, lawsuit, etc. and stated that not only must I stop doing it, but that I must abandon my domain or transfer it to them.
I did not transfer my domain, but I did suspend marketing. at the time I did use the term "Realtor" which is a trademark in my marketing. My question is: It seems they have no legal right to my domain as they are simply the NAR, not an insurance entity, and I want to continue to market to real estate agents under the domain so, can I. Do they have a legitimate claim?
thank you
Submitted: 6 years ago.
Category: Legal
Expert:  LawHelpNow replied 6 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance.

  1. Yes, they do have a legitimate claim. The word "REALTOR™" tends to sometimes be used in a generic sense (instead of real estate agent or broker) like "Xerox™" (instead of photocopy) or "BandAid™" (instead of adhesive bandage).
  2. This issue has been litigated in favor of the National Association of Realtors (NAR). This organization tends to be quite serious about asserting their trademark protections, so I would definitely tread very cautiously.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 2 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Yes, I do understand that (part 1). My question is if I continue to market and do not use the term realtor or even refer to real estate agents. However, I would continue to use my narinsurance.com domain to market to independent contractors of all types including real estate agents.
Are you saying that you just using the domain "narinsurance.com" could be a problem, even though I do not refer to realtors? There are other associations who use NAR i.e natl. assoc. of rocketry.
Expert:  LawHelpNow replied 6 years ago.

Hello again and thanks for writing back. I will be glad to try and clarify my answer.

  1. I apologize for perhaps missing your main point. I would foresee no problems with what you propose. Simply using the letters "NAR" is certainly not identical to the trademark in question. Nor do I believe that it would be deemed confusingly similar to the trademarks held by the entity in question.

Take care and thanks again for choosing Just Answer™!

[Please click the "Accept" button.]

Customer: replied 6 years ago.
Thank you for your answer. I clicked the accept button in this box yesterday, but I have received an email that says I need to accept the answer. I am going to try it again, hopefully I won't be charged twice.
Again, thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions