Q&A: POA vs the Developer (A Big Canoe, GA Realtor Question)

We’ve recently run a couple of articles on the subject of the Developer’s Trademark, and the possibility of the POA establishing a Marketing Co-operative.  After the Co-op article yesterday, we received a comment from a Realtor, which I will address from my perspective as (A) a former owner of a For-Sale-By-Owner Real Estate Advertising Business, and as (B) the former owner of a Vacation Rental Property Management Business, and as (C) the current owner of this Newspaper.

The Real Estate Agent who made these comments is a prominent Agent within the community of Big Canoe, GA.  He/She wrote the following….

David raises some good points but I question whether or not real estate companies could advertise on a POA site that uses the Big Canoe name/logo as BCR does have it trademarked for real estate purposes. The developer assigned the real estate rights to Mike Rhodes company so he does get the benefits given the developer for real estate sales.

The following are my thoughts and responses to the above, based upon my years of experience in this area, my own personal legal research into the matter as I have undertood and leaned upon in my own ventures. Please note that I am not writing this as an attorney, nor am I suggesting that this be taken as legal advice.  The local Realtors, and especially the POA, should be demanding answers from their own legal representatives on this important issue, which is currently before the community.

1. The Developer’s “Big Canoe” Trademark is exclusive to Real Estate Brokerage and Property Manangement.
2. Realtors and Property Managers are limited in how they use the name in their own businesses, names, websites, because they are directly competing in that service category
3. Big Canoe, GA is a geographical location (and geographical locations cannot be trademarked), and other businesses are NOT limited in how they use “Big Canoe”, as long as they are not competing in the Real Estate space, or if the term is being used in a geographically descriptive manner.
4. Local Magazines ad Newspapers make their living selling Advertising. Local Realtors are already paying for and running advertising for their services in these papers.  Properties in Big Canoe are routinely listed as being geographically located in Big Canoe, GA.
5. If the Big Canoe Smoke Signals Newspaper, or this newspaper, or the Pickens Progress wants to sell advertising space to Realtors, other than Big Canoe Realty (currently Big Canoe Brokerage LLC), then they can do that, and they ALREADY DO.  And those other Realtors can, AND ALREADY DO buy advertisements, and there is no conflict with the “Big Canoe” Trademark.
6. Advertising Sales, or Informational Portals on the Web, are not legally limited to Newspapers or Magazines.  Zillow, Realtor.com, VRBO & Homeaway.com all have “Big Canoe” sections.  Here is one example:
   
7. If the Big Canoe Property Owners Association, which has been operating under this name for decades before the first Trademark was ever filed, wants to create an Informational Hub on BigCanoePOA.org for its residents, or sell advertising across its sites or publications, or offer co-operative marketing programs that involve offering ADVERTISING to Realtors, then they are operating under the same principle as a Newspaper accepting advertisements, and there should be no conflict whatsoever with the Developer’s Trademark.

SUMMARY:  The POA is neither providing Real Estate Brokerage nor Property Management Services in conflict with the Developer’s Trademark, and selling Advertising Space or Program inclusion to Realtors or Property Managers in a Marketing Co-operative would not rise to the level of the POA themselves providing Real Estate Brokerage nor Property Management Services in conflict with the Trademark.  It would just be selling Advertising Space to those that do provide those Services.

And to be honest, local Realtors are already using “Big Canoe” Sectionals openly.  Check out the following page from Harry Norman: https://www.harrynorman.com/areas/big-canoe

They have the following sectionals within that page, but they get away with it because they use it as Geographically descriptive:

• Big Canoe
• Big Canoe Neighborhood
• Big Canoe Real Estate Market

If the POA wanted to start a Real Estate Co-op Page and offer advertising inclusion to ALL realtors on a page or web section  similarly titled “Big Canoe Realtors” or “Big Canoe Real Estate Market” they would be fine.

So this is a non issue.  The fact that this is still an open and unsettled question is just another reason to fire the POA Attorney, George Nowack, who is doing a poor job of looking out for the interests of the POA, and the Property Owners.

Feel free to share this with all Big Canoe based Realtors, Property Managers, the Board, etc.  The amount of nonsense being tossed up as arguments in support of the Big Canoe Developer being allowed to continue holding this community hostage to it’s Trademark – is reaching nonsensical levels. Fight Back Against False Narratives that harm our community!   This can include posting links to our stories on the various Big Canoe Facebook Groups, and discussing the ideas.  Or discuss it on our Facebook Group, https://www.facebook.com/groups/FocusonBigCanoeGA/

Peace,
-david hh / publisher