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Realtors attempt to deny patrick.net first amendment protection


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2010 Nov 28, 9:39am   52,381 views  171 comments

by Patrick   ➕follow (57)   💰tip   ignore  

Wow, I just got an email from a lawer for the realtor cartel telling me that I may not criticise them by name!

Doesn't the first amendment to the consitution protect my right to speak freely?

Here's the email and my response. I will post everything about this here.

Dear Patrick Killelea:

Did you have an opportunity to review the request I had made to you in October regarding your improper use of the term REALTOR®. I am including a short video that we use to educate the staff on correct trademark use. This information can easily be applied to any trademark as it is important that they are not used generically if the trademark owner wants to retain their trademark. As you can see by my correspondence the Association is concerned over the improper use of our Marks by nonmembers and we do write cease and desist letters to anyone we come across misusing this term.

http://link.brightcove.com/services/player/bcpid1785312249?bclid=1683773745&bctid=677609662001

Once again, I am requesting your confirmation that you understand this matter and will remove our membership marks from your logo and website. We would appreciate your cooperation.

Sincerely,
Mary Newill, Trademark Administrator
Legal Affairs Division
NATIONAL ASSOCIATION OF REALTORS®

----- Forwarded by Trademark/Chicago/National Association of Realtors on 11/23/2010 03:27 PM -----
Trademark/Chicago/National Association of Realtors

10/07/2010 03:21 PM

To
p@patrick.net
cc

Subject
Improper Use of the REALTOR Marks – Patrick.net

Dear Patrick Killelea

As the trademark administrator in the legal affairs division of the NATIONAL ASSOCIATION, your website Patrick.net was brought to my attention by one of our Members for its use of the REALTOR marks in the logo you are using on this site as well as the content. I have attached a copy of the logo below.

I wanted to make you aware that the terms REALTOR, REALTORS, and REALTOR-ASSOCIATE, as well as the REALTOR block "R" logo, are all federally registered collective membership marks owned by the National Association. Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association. Since this term is a membership mark, and not all real estate licensees are entitled to be identified as REALTORS, we respectfully request that this term never be used generically as a synonym for all real estate agents/brokers/salespersons.

To eliminate this potential source of conflict, we would appreciate your cooperation in revising this logo to eliminate the use of the membership marks. Many times this is as simple as substituting an appropriate job title for the term being used, for example, real estate broker or agent can often be used without making any other changes to the text. If you would like to read more about trademarks and the rights of trademark owners, there are a number of sites on the Internet, which address this topic.

We are attempting to track our efforts in connection with the Internet and request that you acknowledge your understanding of this request for your cooperation and provide us with your estimate of when we can expect to see your site updated. Our e-mail address is trademark@Realtors.org. Thank you for your help and we look forward to receiving your reply.

Mary Newill, Trademark Administrator
Legal Affairs Department
NATIONAL ASSOCIATION OF REALTORS
430 N. Michigan
Chicago, IL 60611-4087

Hi Mary,
no, I definitely did not get any previous email from you. But more importantly, are you telling me that the first ammendment does not protect my right to criticize the realtor cartel by name?

Let's say I were criticizing McDonalds. Would I be forbidden to use the word "McDonalds"? How else would people know what I was talking about?

Note that your reply will be publicized on my website.

Patrick Killelea

#housing

« First        Comments 151 - 171 of 171        Search these comments

151   CL   2010 Dec 1, 5:54am  

gameisrigged says

andrewl570 says

Patrick, the socialist himself…. Socialists make crazy laws about trademarks, yet you love socialism. ugh… Socialism is any form of government intervention in the market place. Trademark law is a perfect example of socialism.

Trademark law allows individuals to profit from intellectual property that they created. That is the exact OPPOSITE of socialism.

Sounds like a Teatard. Spouting off nonsense and calling all things "Socialism". Books are your friends! :)

152   Ryan1781   2010 Dec 1, 7:02am  

It's an interesting quandry. All realtors are real estate agents, but not all real estate agents are realtors. The specific phrase the NAR seems to be taking issue with is the logo, which states: "What Realtors (r) won't tell you." If this opinion statement is generally perceived to to be true with the sub-grouping known as realtors, does it matter if it is also perceived to be true with respect to all real estate agents? If we assume a realtor will not tell you X and assume a real estate agent will not tell you X with X being constant, then both of the following statements are true:
1) What realtors won't tell you...
2) What real estate agents won't tell you...

Most members of the public are not real estate agents and probably have little dealing with people in the real estate business. If you re-phrased it to: "What real estate agents won't tell you," members of the public may believe that you are not criticizing realtors, but only real estate agents because they do not realize all reators are real estate agents. Interesting, if you were singling out realtors because of their political lobbying group and what they won't tell you, it would be seem to be improper to generalize to include people that are not in the sub-group regardless of whether or not some in the larger group would not tell you some of the same things.

Man..too much abstract theory. I think if you read the website, you find this is a place for public commentary on matters of the public's interest. Wouldn't an attempt to quell public debate on issues of real estate and the real estate lobbiests be subject to an anti-SLAPP?

153   Patrick   2010 Dec 1, 7:35am  

OK, I sort of give up. Now I criticize "agents" in general, because all buyer's agents on the commission system do have a conflict of interest with their clients. Reload the page and you'll see the logo says "What your agent won't tell you".

I also removed all mention of the ugly and hated Realtor(R) word from text I wrote, except for this line:

"The cost of selling a house is kept unfairly high because of the Realtor® lobby's corruption of US legislators."

Which is a provable fact.

154   elliemae   2010 Dec 1, 9:26am  

Can we say "realtor" or must we refer to them in the formal?
(example)
"I listed my house with a realwhore, received substantially less money that I would have because I had to pay ransome."

Just curious.

155   Katy Perry   2010 Dec 1, 9:35am  

very interesting thread IMO though

156   elliemae   2010 Dec 1, 9:42am  

Katy - it's winter. Don't those things get cold?

157   andrewl570   2010 Dec 1, 10:59am  

gameisrigged says

andrewl570 says

Patrick, the socialist himself…. Socialists make crazy laws about trademarks, yet you love socialism. ugh… Socialism is any form of government intervention in the market place. Trademark law is a perfect example of socialism.

Trademark law allows individuals to profit from intellectual property that they created. That is the exact OPPOSITE of socialism.

Trademark is not natural law. It is government enforced monopoly. How would free market take care of knock offs? People like name brands and quality. People seek out name brands and they would reward a good quality brand by purchasing their products... and guess what, if the knock off is a better quality, then the knock off should be rewarded for being a quality competitor. www.mises.org is your friend; or try www.lewrockwell.com. do some research on copyright and trademark from the true leaders of freedom.

158   Â¥   2010 Dec 1, 11:28am  

andrewl570 says

www.mises.org is your friend

::eyeroll::

and Lew Rockwell is full of shit, eg:

http://www.lewrockwell.com/north/north790.html

Gary North there is one bad actor -- we're talking Christian Reconstructionist here.

It's all one big of Paultard/Misean/Christianist wank there, to go with the wank you wrote above.

159   Patrick   2010 Dec 1, 12:22pm  

This all reminds me of a meeting at Schwab in San Francisco I was at maybe ten years ago. The senior vice president had some ideas for changing a Schwab web site. The ideas were really just awful, making it into an online game-show format. Ugh. Insulting to the intelligence of the customer.

So the SVP presents these ideas in a meeting of 100 people and asks for feedback. Silence. We all just look at each other uncomfortably for a while. Finally, this big red-haired English guy stands up in back and says "It sucks!" and sits down again. That guys was my hero at work, for about a year.

Then he was fired. They found some pretext because he was a loud mouth and said things like that a lot. He had a hard time getting a good job again. But you know, his comments were really worthwhile. And Schwab benefitted, because they didn't implement that awful idea for that website.

160   Katy Perry   2010 Dec 1, 12:36pm  

elliemae says

Katy - it’s winter. Don’t those things get cold?

It was like low 70's in LA today. but I'll try and find a sweater.

161   Bap33   2010 Dec 1, 12:46pm  

.... a rose by any other name .......

162   sam1   2010 Dec 1, 2:45pm  

Good story Patrick. He probably wouldn't have earned the same level of respect from his peers had he conveyed his opposition to the idea in a more diplomatic manner, but he might have been able to voice his opposition to the project while still preserving his job. Corporate culture is really feckless. Then again this guy would probably be succesful and also happier outside of that culture.

163   Â¥   2010 Dec 1, 2:54pm  

Nomograph says

Trademark, patent, and copyright protection are EXPLICITLY written

Nope. Trademarks are, for one, eternal, and thus trademark law was created via the general powers of the Commerce Clause.

164   hooch_raider   2010 Dec 1, 3:18pm  

OK, I sort of give up. Now I criticize “agents” in general, because all buyer’s agents on the commission system do have a conflict of interest with their clients. Reload the page and you’ll see the logo says “What your agent won’t tell you”.
I also removed all mention of the ugly and hated Realtor(R) word from text I wrote, except for this line:
“The cost of selling a house is kept unfairly high because of the Realtor® lobby’s corruption of US legislators.”
Which is a provable fact

Well done Patrick. Good decision in my opinion. I appreciate you putting your thoughts and reactions on display for all to see and comment on. In the end, looks like you maintained your commitment to the mission of the site, even if your pride was a bit ruffled in the process. Thanks.

BTW, what about simply using the phrase "What your real estate agent won't tell you"?

165   elliemae   2010 Dec 1, 9:09pm  

Katy Perry says

elliemae says


Katy - it’s winter. Don’t those things get cold?

It was like low 70’s in LA today. but I’ll try and find a sweater.

Sure, I'm off topic here... but 70's???? I'm so jealous! Had a frozen pipe and resulting dogsicles who played in the mud (which froze immediately); yard water shut off for the winter now and will be digging pipe in the spring. The beautiful snow is crusty and muddy as it melts and the only skin we show is between the top of our gloves and the bottom of our sleeves.... I don't care if you cover up (was joking, obviously) but it hurts when you tell me you're basking in the sun.

Is it by a pool? Little drinks with umbrellas? Pool boys with palm fronds?

Finally, this big red-haired English guy stands up in back and says “It sucks!” and sits down again. That guys was my hero at work, for about a year.

I'm doing my best to learn how to shut the hell up at work - our motto is, "I can do That!" no matter how idiotic. Our job is more valuable to us than reality at this point.

166   Katy Perry   2010 Dec 2, 5:41am  

elliemae says

Katy Perry says


elliemae says

Katy - it’s winter. Don’t those things get cold?


It was like low 70’s in LA today. but I’ll try and find a sweater.

Sure, I’m off topic here… but 70’s???? I’m so jealous! Had a frozen pipe and resulting dogsicles who played in the mud (which froze immediately); yard water shut off for the winter now and will be digging pipe in the spring. The beautiful snow is crusty and muddy as it melts and the only skin we show is between the top of our gloves and the bottom of our sleeves…. I don’t care if you cover up (was joking, obviously) but it hurts when you tell me you’re basking in the sun.
Is it by a pool? Little drinks with umbrellas? Pool boys with palm fronds?

Ellimae sorry to hear that. I guess it is too late ,... you need your water system "winterized" it's only $100-$150 beats a repair bill i think?

where are you located BTW?

The weather is really all we have going for us out here at the moment. but I'll take it.

167   MAGA   2010 Dec 2, 6:07am  

Katy Perry says

elliemae says

Katy Perry says

elliemae says

Katy - it’s winter. Don’t those things get cold?

It was like low 70’s in LA today. but I’ll try and find a sweater.

Sure, I’m off topic here… but 70’s???? I’m so jealous! Had a frozen pipe and resulting dogsicles who played in the mud (which froze immediately); yard water shut off for the winter now and will be digging pipe in the spring. The beautiful snow is crusty and muddy as it melts and the only skin we show is between the top of our gloves and the bottom of our sleeves…. I don’t care if you cover up (was joking, obviously) but it hurts when you tell me you’re basking in the sun.

Is it by a pool? Little drinks with umbrellas? Pool boys with palm fronds?

Ellimae sorry to hear that. I guess it is too late ,… you need your water system “winterized” it’s only $100-$150 beats a repair bill i think?
where are you located BTW?
The weather is really all we have going for us out here at the moment. but I’ll take it.

You don't need a sweater. :-)))))))

168   elliemae   2010 Dec 2, 10:09am  

I'm located in the mountains of southern Utah. It's warming up again, but I get slammed 3-4 times each year. The winterizer was too lazy to do the deed and now she and her pals will be digging up pipe in the spring. It actually was getting to the point that it needed to be done anyway, just hated the drama involved with the water spraying, etc.

:) enjoy L.A. I'll be down that way soon and shall sit by a pool. And hit a beach - it's required.

169   Katy Perry   2010 Dec 3, 4:38am  

elliemae says

I’m located in the mountains of southern Utah. It’s warming up again, but I get slammed 3-4 times each year. The winterizer was too lazy to do the deed and now she and her pals will be digging up pipe in the spring. It actually was getting to the point that it needed to be done anyway, just hated the drama involved with the water spraying, etc.
enjoy L.A. I’ll be down that way soon and shall sit by a pool. And hit a beach - it’s

Souther Utah cool! Utah is so beautiful. Rode through there on a Motor bike, camping and visiting like 4-5 different National Parks in 2008. really liked the Moab area. and The NP's, and general geography/topography. I need to bring a good camera next time. Was a bit cold at night though, at the end of Sept first week in Oct but then the crowds where thin at the NP's so that made up for it.
cheers

170   daisychain   2010 Dec 7, 3:19am  

Well done. Thanks for the good work.

171   Menya   2010 Dec 10, 1:30pm  

they are full of shit is what they are.

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