Swapnames.com lawsuit

jsp · Oct 3, 2007

If not posted already, received this email from SwapNames.com. apparently they will be forced to change their domain name:

"My name is Koay Al Vin and I am the president of SwapNames.com. Please allow me to make a very important announcement regarding SwapNames.com and your SwapName member's account. On the 8th of August 2007, SwapNames Inc. was slapped with a trademark infringement lawsuit for using the domain name: Swapnames.com. Even tough we are absolutely certain that the allegation is baseless; we do not have the finances to hire an attorney to defend our case in court. As far as we know, a descriptive and generic phrase such as "swap names" cannot be infringing in anyway. However, to defend the lawsuit will certainly bankrupt our company, just from the hefty legal expenses. As a very new start-up venture with no financial backing, it is a huge blow to our dreams. We will have to surrender our most valuable property which is our domain name, to avoid a default judgement by the court. SwapNames.com will cease using it's domain name on Thursday, 4th October 2007. We will be relaunching a new website using the domain name www.Zuho.com immediately thereafter. The official launch date for Zuho.com will be Tuesday, 9th October 2007. Zuho.com will have all the existing features of Swapnames and a major upgraded feature which allows all members to post "wanted swap" offers. Members will also get to search all ads posted by other fellow members. This will allow you to make very targeted swap offers and increase the chances of succesful swaps. All existing data in your present Swapnames.com account will be transferred over to Zuho.com and you will not have to re-enter anything at all. Your login details to Zuho.com will also be the same as before. We would like to apologise to you for all the inconveniences and just like the phoenix which rises from the ashes, we are determined to make Zuho.com an even better domain swapping marketplace compared to Swapnames.com. Thank you very much for your understanding and Zuho.com hopes for your most valued support very soon. With warmest regards, Koay Al Vin President, Zuho Inc.

Devil_Dog · Oct 3, 2007

Hmm, couldn't have been snapnames that sent that letter could it?

ssamriga · Oct 3, 2007

ok, it really is a lot like snapnames, but two dectionary words like "swap" and "names" really shouldn't be considered a TM infringment... IMO

Alex · Oct 3, 2007

I think that holdem8 should fight more for his generic name. I know that a lawsuit is very costly, but Swapnames.com is generic.

I even can think that Snap sends C&D's to all domain owners with similar names as theirs, but not even checking if the domain is used in bad faith or not.

Late tonight I ill send an email to my SN rep, complaining about this and we should all do this. Holdem8 put really great effort to brand his name.

Randy Bob · Oct 3, 2007

Don't give it up!

It ain't the same dude, you're giving up too easily and it won't cost that much to defend the suit - probably a couple grand. Don't give it up!

Pred · Oct 3, 2007

Feel sad for them. Its a nice little site and they're just trying to build up a site & business.
They provide a service for 'swapping names'
Thier site is called 'swap names'
It's come to something now hasn't it.
Bet it's snapnames, ....arseholes :imho:

Defend it! If its snapnames let's boycott them. I'm in, anyone else?
(Of course we need to find out if it is snapnames making waves first.)

-REECE- · Oct 3, 2007

arnie said:
Feel sad for them. Its a nice little site and they're just trying to build up a site & business.
They provide a service for 'swapping names'
Thier site is called 'swap names'
It's come to something now hasn't it.
Bet it's snapnames, ....arseholes :imho:

Defend it! If its snapnames let's boycott them. I'm in, anyone else?
(Of course we need to find out if it is snapnames making waves first.)

If it is.. :wave:

DotWeekly · Oct 3, 2007

I would love to hear of the company that sent you the letter.....

If it is SnapNames, I would fight this until I was blue in the face.

SwapNames.com is in no way like SnapNames.com (minus the W and the N)

Here is SnapNames Mark:

Word Mark SNAPNAMES
Goods and Services IC 042. US 100 101. G & S: REGISTRATION OF DOMAIN NAMES FOR IDENTIFICATION OF USERS ON A GLOBAL COMPUTER NETWORK, NAMELY, REGISTRATION SERVICES FOR BACK-ORDERING OF DOMAIN USERS ALREADY REGISTERED; AND PROVIDING DATABASES FEATURING GENERAL AND LOCAL NEWS AND INFORMATION OF INTEREST IN THE FIELD OF DOMAIN NAMES AND THE INTERNET. FIRST USE: 20001207. FIRST USE IN COMMERCE: 20001207

IC 035. US 100 101 102. G & S: DOMAIN NAME MONITORING AND TRACKING, NAMELY, DOMAIN NAME MONITORING AND NOTIFICATION SERVICES, NAMELY, MONITORING OF A DOMAIN NAME REGISTRATION RECORD AND NOTIFYING OTHERS OF STATUS AND CHANGES TO THAT RECORD; AND DOMAIN NAME AUCTION SERVICES. FIRST USE: 20001207. FIRST USE IN COMMERCE: 20001207

Swapnames does not do any of these! No Registration Service, No Backordering, no monitoring of domain status and no auction service.

sashas · Oct 3, 2007

'Snap' and 'Swap' are two completely different words with completely different meanings. I cannot see anyone other than SnapNames sending the C&D, taking "SwapNames" as a typo of "SnapNames". The services offered by both companies are totally different, so I don't see why there should even be any issue.

Its sad. I've never used SwapNames before, but anyone strong arming the little guy is a sad affair. Always.

Alex · Oct 3, 2007

Why would SN pay themselves thousands for a lawsuit, where they reach only a site used by domainers to be terminated.

I cannot see the logic here.

SnapNames pays lawyers so that a completely different site that is not infri=nging their TM to be terminated.

Above all this site is used by some domainers (Snaps' target), and this culd affect their reputation.

This is a no-no for SN, as disabling Swapnames would not benefit them in any way.

xman · Oct 3, 2007

I just couldn't believe he gave up the domain without a fight. Let alone a company built in that name.

Now they're probably thinking....that was easy...all we had to do is scared the heck out of him.

I've read many domainers stories about fighting for their name and most of the name are just domain and no company.

If any company don't fight back when their company is being threatened this is just telling me that this company would not fight for his customer and I will definitely get out and find something else who would fight for their assets.

Krossat · Oct 3, 2007

damn these big players.
Only wish there was some organization with domainers as members, who would protect the rights of us "small fish".

It seems people like us are like small rabbits scrambling alone wishing no hawk would lay eyes on em, cuz then we are gone for sure. These big players can just threaten and take away any domain we have, a simple mail from a lawyer would do us in :yell:

Lets assume a big company called "rubies". You own a domain called "eggs", they send you a notice, how do u even contest ur case. You need to spend xxxx to hire a lawyer for starts, and then more expenses pile on. Its depressing.

sanatana · Oct 3, 2007

Our company had registered both resalenic.com and auctionic.com to use a possible domain resale auction site. We've "sat on the fence" about using either name for the very reason addressed in this thread.

Can one fight a potential lawsuit? Of course.

But if it financially damages a smaller company to the degree that their future may not be viable, isn't that kind of like winning the battle and losing the war?

S

lzy · Oct 3, 2007

Will DNOA help? :o

You spent so much efforts promoting it and now it comes to this. Blah. I say fight for it! I wish you all the best.

Alex · Oct 3, 2007

I agree with lzy. DNOA should be here for these kind of issues (too). I think Snapnames will not like to mess up with domainers, and this lawsuit is not such important for them as their reputation.

Michael · Oct 3, 2007

I think the DNOA should step up here, assuming the general consensus is that Snap doesn't have a case against Koay.

smashfactory · Oct 3, 2007

man, that really really sucks- now i really hope network solutions opens their site and drops snapnames like the bad piece of smelly fish that it is- providing it was snapnames that came after him-

paxton · Oct 3, 2007

It's snapnames...

http://dockets.justia.com/docket/court-ordce/case_no-3:2007cv01178/case_id-84591/

Earthian · Oct 3, 2007

from the email in the OP this seems like a case of Reverse Domain Hijacking

also, Koay Al Vin (the president of SwapNames.com) seems to have a trademark for "Swapnames.com" according to the free search at uspto.gov

lastly , you might want to check this page in the DomainDevelopers site ...

click on home to see who DomainDevelopers belongs to ... (strangely , Rick Schwartz is not in the 2006-07 board of advisors)

DISCLAIMER: considering the premium domains some of these members have , I don't know whether they would look into a case for a relitively lower value (than some of those names) domain ... on the other hand , it might interest them since as it seems (from paxton's link) that a rather large company is behind this ... the link , therefore , is provided as a reference mostly ...

scooby47 · Oct 3, 2007

What I dont get in all of this, is that there appears to be a live trademark for swapnames.com ? in the name of the guy with the whois details and the name on the letter ..

the plot thickens ...

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=9doos.1.1

check it out .. it all seems very strange to me

If it was mine there is no way I would let it go ..

Thoughts anyone

gemstar · Oct 3, 2007

Sorry...But if it was my company I would just defend myself. easy to point out the obvious. If it is black and white the court will see it.

Steven · Oct 3, 2007

Defend your name.
You will win.

This is not a name you should be letting go for a mere few thousands in defense.

This name (already branded + makes perfect sense) is already worth a lot more than the defense fee and will be worth more.

Brokering.TV · Oct 3, 2007

A wise attorney would take a percentage of future earnings, rather than a large fee upfront. There are some attorneys who work on a percentage basis and only take cases they know they will win, and this seems like one of those. In general, to those asking for attorneys to help the little guys, search hard. I know of one attorney who became a millionaire because he took less money upfront and instead, recieved a piece of ownership in the business. The key is when one of us finds the attorney, let everyone else here know. In fact, I am going to make a call or 2...

Earthian · Oct 3, 2007

talking about lawyers ...

this thread here at NamePros (sticky at the legal forum) is very helpful regarding Lawyers for Domain Name Issues ...

some of them might be interested in this case , since if they win they would logically recover legal expenses ... and I think that in some cases reverse domain hijacking cases can be awarded certain amounts for damages too ... lastly , some lawyers might agree to a postponed (after-trial) payment or some other arrangement , since the case appears to be rather strong (something like that ,though , would depend on whether the lawyer would accept it or not)

Cronus · Oct 3, 2007

Many of us are large Snapnames customers. We should let them know how we feel about them being trademark bullies! Does anyone have the email addresses for their executives such as CEO Sudhir Bhagwan, Operations VP Nelson Brady, or Marketing VP Kerry Kelley? You can call Snap and ask to speak to them at +1 (503) 219-9990 or fax your letter to +1 (503) 274-9749. Or send it by postal mail to the Portland address listed here .

It is interesting that Snap chose to go with a trademark infringement lawsuit rather than UDRP. Perhaps they knew they would lose the UDRP, or maybe they were just betting that Swap couldn't afford to defend a lawsuit (much more expensive than defending against UDRP). Also, Snap filed the lawsuit in Portland, Oregon, which would surely be expensive for holdem8 in Malaysia (judging by whois) to deal with.

Does anyone have a link to the actual lawsuit filing text/pdf? I don't have a PACER account, so I only get the summary from this page

Swapnames.com lawsuit

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