Commisery – that’s the feeling you get when someone else nicks your best advertising line.
In the last few days, we understand that stern letters have gone out from Purplebricks lawyers to some competive online agents warning that the word must be removed from their website.
So, the question is – did Purplebricks trademark the term?
And the answer is, yes it did. But maybe a bit lastminute.com.
Try to register ‘commisery’ – as we did yesterday in an idle moment – and the Intellectual Property Office tells you that ‘commisery’ was applied for on December 12 and entered in the register on March 3.
This means the word is trademarked for the next ten years – so it will be interesting to see its renewal.
The ‘commisery’ TV ad campaign – which whatever you think of Purplebricks, is surely the wittiest and most engaging in property advertising since Roy Brooks – did not launch until Boxing Day.
So presumably there was a gap (a bit of December, all of February and a couple of days this month) when it was okay to use the word.
But no more.
Ah, commisery TM (we add hastily).
Last night a Purplebricks spokesperson confirmed the trademark and told us: “Purplebricks was created to provide customers with an alternative to the commisery model. It is a genuine consumer issue and as with all of our intellectual property we will defend and protect from imitation, however flattering that may be.”
Still prefer PeeBees definition of CONmisery and anybody is free to use it!
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Odds on this post:
10 comments – 500/1
20 comments – 6/1
30 comments – 5/1
40 comments – 3/1
50 comments – 2/1
PeeBee and Agent V to comment more than 10 times each – 3/4
Someone to ask for Purplebricks land registry stats for sold properties – 1/3
A general slaughter of Purplebricks and how they operate – 1/1000
place your bets!
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I’ll put a fiver on 40 comments as long as it includes 40-49.
Not sure if it’s got the stamina for 50 as I hear it’s firm underfoot.
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Where do I start with Post 1? Actually I would like to ask two simple questions. To the NAEA;
What is your view of one of your members focussing a great deal of time,money and effort belittling the majority of your other members?
Do you feel in any way that this helps enhance the public perception of the professionalism of NAEA or Propertymark members?
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Is COMMISERATION still OK to use? That feeling you get when you have paid upfront for a service and not achieved a sale?
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PS that now has copyright for any No sale, No fee service advertisement in the future.
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Excellent, hats off to you Mr Flowers.
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Trustmylot, There’s a new one. As in trust my lot to get that bad review removed
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Post 2 – Another question to the NAEA;
Why should any other business, that is not already a member, now consider joining your organisation which will then allow (if not condone) one of it’s other members to very publicly ridicule what you do?
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#purplepain – that feeling you get when you realise you’ve signed a “pay fee, no sale” agreement.
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Haha “pay fee no sale” – brilliant!
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Will be stealing that LOLs
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Purple pain, purple pain
Purple pain, purple pain
Purple pain, purple pain
I only wanted to see you
Underneath the purple pain
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I only wanted to save money
But now I’ve wasted a grand…
purple pain, purple pain…
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Haha Love it
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S’pose I’d better show my fyess to ensure that ohno12359’s warm, fuzzy feeling continues well into the morning shift.
Forgive the cut’n’paste – but here’s a reminder of the word that SHOULD have been copyrighted – and attributed by Law – to those who operate a NoSalePayAnyway Fee structure:
“Prediction, if I may, of a new word entry in the Oxford English before 2020:
#CONmisery (Verb) Kon-miz-urr-ee
Fairly self-explanatory name for that sinking feeling a disgruntled homeowner will experience when their home fails to sell having been hoiked up on a couple of portals and left to its’ own devices ‘cos “It’s all done online now, innit” – and they realise that the money they have paid/signed a Credit Agreement to pay in the coming weeks/months for what the Call-Centre Agent openly advertsed as “SELL YOUR HOME FOR £***” has bought them a goodly chunk of diddly squat and certainly not the three opening words of that claim.
Agents – it needs YOUR help to get there. The more you use it – the better chance it has of making it onto the page with the header Con – Con
Let’s get busy, folks! Tweet… Blog… Shout from the Town Square if you have one – tell the unsuspecting what they need to know:
#CONmisery IS avoidable “
There ya goes, pal – fill yer boots!
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For a simple explanation to your clients as to why Purblebricks cannot provide the same service read the chapter ‘High Street v Online’ in the book The Real Estate Agent and the Great Conspiracy Theory! The book seeks to tell the public what REAL estate agents do, and how the interference of big business in the profession has affected their lives. A noble cause I am sure most would agree.
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Think some are suffering from a sense of humour bypass……..
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“Think some are suffering from a sense of humour bypass……..”
Really?
WHO?
WHERE?
WHY?
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Come on OTM sort out your advertising – first things first – trademark UPFRONTERY – ‘oh the feeling you get when you pay upfront to an online business whether you sell your property or not’.
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The PbRICKS trading ticker PURP – http://www.urbandictionary.com/define.php?term=purp
OR
What their investors are smoking.
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Post 3 – Does all this mean that no one else can post on #commisery on twitter?
I would be very suprised if there is isn’t something in twitters t&c’s to stop any hashtag being monopolised.
If there isn’t I bagsey #GoldmineForSale!
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After we registered our trademark MageNet (https://www.magenet.com/), our competitor (I don’t want to say who) used our (already registered) name for their analog service. So, our lawyers sent to them warning (with indicating the date of registration our trademark) that the name must be changed.
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So nice to be at this website. http://vbucks-free.net
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Post 4 – Well spotted Chris. Also;
‘UK Copyright Law also gives creators moral rights, such as the right not to have their work subjected to ‘derogatory treatment’ (often referred to as the right of integrity). Therefore, if humorous or satirical use of a copyright work amounts to ‘derogatory treatment’ as defined by law, rightsholders may still take legal action against the parodist.’
So all we need to do is copyright ‘commission’, ‘estate agency’ and ‘high street estate agency’ and then we have legal recourse against misleading adverts making derogatory claims against our ‘integrity’. Perhaps the NAEA would stand up and say something then!
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