Free the MLS! Another Board Forbids the Use of the Term “MLS”
The Realtors Association of Northwestern Wisconsin has joined some other associations in forbidding its members to use terms related to “MLS”. Paying members can’t use terms like “MLS”, “Search the MLS” etc. in domains names, or on their web sites. (see their rules and regs, Section 16)
Granted, if I have an IDX search on my web site, a visitor is not searching the MLS. But to the average non-Realtor person out there, the term “MLS” means “home search”. Try putting “Search via IDX” on your site and see how many people stop by.
A “disclaimer” that the user isn’t actually searching the MLS I can live with. But where do the NAR and Realtor associations get off telling me what words and terms I can or can’t put on my website? I can’t use “realtor” in a domain name. Fine, your trademark, your rules. But MLS? Give me a break.
There are few areas of interest here to me:
1) The term “MLS” is not trademarked by the NAR or any association. Want to know who owns the trademark on the term “MLS”? Try Major League Soccer, M. Licht & Son, Midcontinent Livestock Supplements and Multi-Lingual Software, Inc.to name a few. But it’s not trademarked by the NAR or any association I could find in a trademark search (go here and click “submit query”. You want to look at registered and “live” marks).
2) If you do NOT belong to the association, you are free to use the MLS related terms all you’d like.
How does restricting the use of “MLS” help the NAR and association members? You know, the ones that pay to belong.
Sigh.
Thanks to Inman Blog, I found this nifty little site — Free The MLS.
Why are they here? To quote them:
Our primary order of business is to provide insight and education on a recent addition to Article 12 of the National Association of REALTORS® code of ethics.
Our goal is to have this addition modified to clarify and strengthen our position as REALTORS® in the rapidly changing world of online real estate.
It is our opinion that this recent change to Article 12 of the REALTOR® code of ethics does a disservice to member brokers, agents and consumers as a whole by denying access to a term that has long been understood as a primary marketing tool for customers to buy and sell properties throughout the United States and Canada.
We seek to protect this most valuable asset by having the new code of ethics revision allow REALTORS® to continue to use the term MLS in all marketing materials. We firmly believe that the use of the term MLS does in fact provide consumers with a “true picture” of the MLS.
The consequences of disallowing the use of the term MLS are such that it permit other non-member entities and businesses to usurp the term thereby diluting the ”true” meaning of the term MLS.
In an effort to help to protect consumers, the NAR has set on a path of unintended consequences which will be more detrimental to the consumer than the intent of the initial change.
I’ve got to agree with these guys. The term MLS is basically in the “public domain”. Taking away the Realtor’s ability to use those terms on a web page is clearly not in the best interest of Realtors, in my opinion.
So stop by FreeTheMLS.com and sign the petition. If you are so inclined.
I’d love to hear an explanation of why it’s good to prevent Realtors from using the terms related to “MLS” on their site. Seriously. Help me understand.
OTHERS OPINE:
Cry-Baby Board of Realtor Associations and MLS’s Continue Desperate Rule-Making
Waiting in My Inbox
Adding too much of my own commentary only can ruin it. From NAR this morning …
As we kick off another year “All Together,” it is easy to get caught up in news about what is wrong with the real estate market. The truth is that 2008 is shaping up to be a promising year for real estate, with plenty of opportunities to buy and sell in every market.
According to NAR Research, there is significant pent-up housing demand that will begin to be unleashed into the marketplace in 2008. Many markets will see rising home sales and strengthening home prices. We believe that the worst of the credit problems are behind us. Great news for consumers and REALTORS®!
…
Since 1908, REALTORS® have worked hard to earn a reputation as America’s leading community builders and dream makers. Today, the “Voice for Real Estate” is stronger than it has ever been, speaking for millions of consumers in neighborhoods across America. And, we’re just getting started.
…
NAR is constantly working on your behalf, and we want to hear from you. Please do not hesitate to contact us with your thoughts and suggestions. With your help, we will show consumers across the nation that now is a great time to invest in real estate. We are in this “All Together!”
Should I laugh? Cry? Shake my head? All three?
I don’t even know anymore.
.
<Editor’s note: this post is a contribution from Jonathan Dalton>