Stop The Presses

This just in: Redfin Does Not Own Registered Trademark “Real Estate 2.0”

Is this solid?  What would you do?

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14 Responses to “Stop The Presses”

  1. Christine Says:

    I would change it back …

  2. Joseph Ferrara.sellsius Says:

    Be careful, it’s not yet registered but they are claiming ownership.

    You may want to file your own application ($325 on line) to use it for “blogging” which is arguably different than “real estate brokerage”. COnsult an attorney experienced with trademarks.

  3. Greg Swann Says:

    Fiat justitia ruat caelum. (Loosely: Screw the bastards.)

  4. Kevin Says:

    I kind of like the new 2.x name. You could gradually increment the {x} value until you asymptotically reach 3.0.

    When you’re down at the patent office applying for “Real Estate 2.0” as a blog, be sure to also apply for “Real Estate 2.x” as a brokerage…then move to Seattle and open up shop.

  5. Joseph Ferrara.sellsius Says:

    I agree with Kevin. The 2.X is innovative, clever, unique—everything a great brand should be. Don’t run with the herd. Besides, 2.0 is the new 1.0
    (BTW, that Kevin is a funny guy).

  6. RedFinesse? None in evidence. RedFaces? None to be seen. RedFiasco? None so deserving . . . | BloodhoundBlog | The weblog of BloodhoundRealty.com in Phoenix, Arizona Says:

    […] I’d say the honeymoon’s over. […]

  7. Ardell DellaLoggia Says:

    I just hope he went very, very far away and has shut down all forms of communication during the honeymoon. Can’t news like this adversely affect, uh…stuff that’s important on a honeymoon? Couldn’t this news wait just a few more days!?

  8. Daniel Rothamel Says:

    It would appear that they don’t yet own the trademark. What you do up until such time is up to you. I would consult an attorney about it, but my initial reaction is the same as Greg’s. I don’t know that I would let one nastygram stop me. Of course, that decision is up to you. How hard do you want to fight for it, and is it worth it to you?

  9. CJ, Broker in NELA CA Says:

    I epecially like the subtitle {x=0} !! And Joseph, could you post that URL to file trademark applications, please? I can think of ~all sorts~ of phrases that I should trademark!

  10. Andrew Hodge Says:

    I like both names. I guess the big question is, if you change to 2.x does that add validity to the 2.0 claim that redfin has. Chances are they have someone adding a new trademark request for the 2.0 as a blog. After all trademarks are a bit of a first come first serve system. If you are not the first to file it is a lot harder to fight for your claim of using it first. If you want to let them win keep the 2.x but if you want to put the gears to them change it back and quickly file for your own trademark. If you change the script or font that can also change the trademark to a point. talk to a lawyer that is familiar with registering trademarks if you are thinking of fighting the 2.0 or to protect you from any future Redfin growth into the 2.x branding.

  11. Jay Thompson Says:

    I commented on RCG, and I’m commeting here so that I can proclaim my ownership of “Phoenix Real Estate” to all the world. Oh wait, I just decided I also claim use of “Phoenix MLS”.

    Now I gotta get busy penning cease and desist letters to all the other agents in Phoenix to stop using my marks!

    We’ll start with Greg. Mr. Swann, please remove all references to Phoenix Real Estate and Phoenix MLS from your blog and web site.

  12. Joseph Ferrara.sellsius Says:

    This whole debacle proves that experienced professionals are your best bet in “any field” of knowledge– real estate, law, whatever. I agree with Daniel that the best bet for you to make an “educated” choice is to consult an attorney. Just make sure they read blogs—they’ll probably know your case and represent you for free 🙂

    To CJ, here’s a blueprint

    1. start here (read)
    http://www.uspto.gov/web/trademarks/workflow/start.htm

    2. search for uniqueness of your mark here: (start w/ basic search)
    http://tess2.uspto.gov/bin/gate.exe?f=tess&state=9ptgb0.1.1

    3. see an experienced trademark lawyer (sorry)

    4. If you go it alone (not advised) then here to file online
    http://www.uspto.gov/teas/index.html

    Also read our post How to lose your domain name–it talks about trademarks
    http://blog.sellsiusrealestate.com/?p=2023

    A couple of points on TM real quick
    1. To file for registration you must have used the mark in interstate commerce (across state lines)
    2. If you have ideas for mark you intend to use (but have not yet), you can file an “intent to Use” application which if granted reserves the name for you for 1 year. Within the 1 year you file an affidavit for registration
    3. Talk to an experienced trademark attorney first—there are a lot of different classes & almost every application (i’ve done plenty) gets an objection from the examining attorney.

  13. The Landlord Says:

    In the end you have to do what is best for you, and while I think you could win a fight, it’s probably not worth it.

    However, I seriously think you should change your name back at least until you get a letter from a lawyer. Marketers have no authority, you have nothing to fear from his letter. Once they get the attourneys involved, then it’s probably time to back off.

    If nothing else, this could end up giving you some great blog material for the next couple of weeks and help improve your readership. There’s nothing people like more than cheering for an underdog.

    (BTW, I’ve contacted Redfin and expressed my disappointment with their handling of the situation. I strongly urge other people to do the same)

  14. Jesse Says:

    I stand corrected. Wait until you get a letter from their lawyer.

    I could spend all day sending out cease and desist letters, but I’d only be serious once I was paying my attorney $350/hr. to do the same thing.

    In the technology age, wouldn’t the examining attorney at the USPTO use a search engine to see when the term was first used before issuing a trademark?

    There’s right of first use and all kinds of other weird and kinky trademark/service mark/copyright laws out there. No, they will never make sense…which is why the big boys get paid so much to figure it out for us little people.

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