"Realtor" Not A Generic Mark, Trademark Panel Rules

Law360, New York (April 7, 2004, 12:00 AM EDT) -- A three-judge panel of the U.S. Trademark Trial and Appeal Board has unanimously ruled that the terms "Realtor" and "Realtors" are not generic.

Former Cornell University student Jacob Zimmerman, who registered about 1,900 web sites containing the word "Realtor,” had petitioned for the right to use the terms in August 2001 on the grounds that "Realtor” had become a generic term.

Zimmerman’s attorney, David Barry, had argued that “Realtor” had gone into the dictionary as a generic word, just like former trademarks “aspirin,” “escalator” and “hoover.”...
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