Swapnames.com lawsuit

[jsp]

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.

 

[xman]

As of today I am no longer going to use Crapnames I mean Snapnames

I already cleaned up my que

 

[Pred]

its an unfortunate situation, but i wont be cancelling my snapnames account. they are the leading backorder site and too valuable to stop dealing with if your a serious domainer.(they will have thier own problems with namejet.com)

Many of us are serious Domainers Deb.
Of course it is your call what you do, but in your signature it says 'Domain Philanthropy'

Never been a better time to display that and principles imo, for all of us.

I was in an auction been involved in for couple of days & let it go tonight & cancelled 2 backorders.
My view is at least take a break for a while so they get the message.
Far more important to stand together as a community over this.
Just my opinion but many are feeling same way.
I just cant imagine buying a name, building a business, tming it , then a bully comes along and takes off me knowing cant legally afford to challenge him.

 

[Earthian]

deb - I understand that you might like SnapNames too much to "boycott" them (even temporarily) , but what was the reason of your first post in this thread ? ... to vindicate yourself for not being able to limit (or lose temporarily) something you like for a good community cause ? ... you could continue using them and just not mention it ... with that post you hinder the cause that many other domainers are trying to accomplish , without actually gaining anything


besides giving excuses to people that were pondering not to use -or limit the usage of- SnapNames (which is a defensive measure until they get the message and drop the lawsuit) , you also give hope to the SnapNames execs that they can continue unharmed with this lawsuit and maybe try it again in the future (or other companies trying it)


if SnapNames sees a slump in backorders and a strong domain community not liking their tactic on this issue it is possible that they will reconsider their rather hasty desicion ... furthermore it is not SnapNames that started this but just an employee in the legal department ... the "boycott" is not against SnapNames it is just so that SnapNames react and drop the lawsuit ...


I wonder how you would feel if a developed and trademarked domain/site/business for which you worked hours upon , was "attacked" in that way and you fellow domainers were saying "well , it is just business , we will continue to use them" ... you would at least expect that they don't talk against you , if they did not talk in your favour ...








I am not saying to you what to do (or to other domainers) ... it's your(/their) choice ... but at least don't hinder a common cause while on your own you see that the "attack" from SnapNames is a-very-bad-in-domainer-ethics tactic (different names , developed site , costly lawsuit instead of a UDRP)








do not get defensive over my post , it is just that you should reconsider about posting while there isn't much to gain and possibly a lot for the domain community to lose ...

​

 

[jberryhill]

I have just briefly looked at the last few comments in this thread, and there's a lot of junk here.

First - who cares if "swapnames" consists of two common words. So does "snapnames". So does "Network Solutions", and so does "Micro Soft".... I don't even see the point in that observation. Lots of combinations of two common words are trademarks.

Second - I don't care if one is swapping names, selling names, or running drop auctions. All of these services relate to trade in domain names, are in the same general market, and directed to the same highly specialized class of consumers of domain registration services.

Third - OF COURSE one can sue swapnames.com in the United States. The swapnames.com idiots are the ones claiming to be doing business in the United States by, for example, filing their trademark registration application in the United States. If someone chooses to admit doing business in the United States, and files a US trademark registration application, I don't have to go to Malaysia to sue them, regardless of where their registrar may be.

Fourth - It is bleedingly apparent that "SWAPNAMES" is confusingly similar to "SNAPNAMES". If it is not bleedingly apparent to you, then you need to find something other than domain names with which to occupy your idle hours.

Fifth - There is nothing wrong with bringing a lawsuit. A trademark claimant can choose among any of the mechanisms available to them.

I think their Trademark ("Telecommunications services, namely, electronic transmission of data, images and documents via computer terminals; electronic store-and-forward messaging; electronic mail services, and facsimile transmission.") is relevant to the service they provide ...

Well, the USPTO certainly thought otherwise. In refusing their application (they do not have a registered trademark), the Examining Attorney pointed out that the specimen of use they provided doesn't even show those services.

But the whole point of whether they provide services other than trading in domain names is entirely beside the point that they do purport to provide domain name trading services, and one would have to be a drooling moron to consider that a different market from the various services provided by SnapNames.

If they used the domain in accordance to their filing, they would have a better stance, but they used it in a field which they did not ask for protection.

Correct. The application looks like a bullshit maneuver to construct a hokey defense.

 

[Devil_Dog]

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

 

[ssamriga]

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]

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]

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]

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-]

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]

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]

'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]

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]

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]

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]

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]

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]

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]

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

 

[smashfactory]

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]

It's snapnames...

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

 

[Earthian]

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]

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]

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.