Snapnames.com vs Snappynames.com- Any trademark/legal issues?

[tdn878]

I bought the domain name snappynames.com last week at a GoDaddy closeout auction. I thought it was a pretty cool name that I could use to develop into a domain portfolio site in the future. I was well aware of Snapnames.com before I bought the name, however snappynames.com to me, felt like a generic enough name. I mean, although both sound similar, "snap" and "snappy", have two very different meanings.

Obviously snapnames catches dropped names, so they are using the word in its normal dictionary meaning- grabbing, snatching, catching something. I would be using the word "Snappy" in its normal meaning dictionary meaning as well, indicating clever, cool, trendy etc. So its not a case of a plural or an extension of a word with the same meaning.

Snappynames.com has been registered since 2003 and was used as a web hosting & domain registrar site as late as 2009. I mean if Snapnames had any problems with snappynames, then surely they would have made a legal claim for it a long time ago. However, the similar purpose (selling domain names) the site will be used for, not to mention the name is 2 letters away from "snapnames" makes me slightly worried.

Do you guys think there will be any trademark ("snapnames" is trademarked) or legal issues with owning snappynames.com since it is very similar to snapnames.com? Any advice or opinions would be great. Thanks.

 

[Kate]

The facts:
Both domain names are similar
Both domain names cater to the same industry

Is there a possible problem ?
You have the answer here: http://www.domainnamenews.com/legal-issues/snapnamescom-kills-off-swapnamescom/896
+ Namepros discussion

Good luck.

 

[alien51]

Based on that article link, it said that the respondent VOLUNTARILY agreed to change their domain name because they don't have money to pay for an attorney, eventhough they believe that the accusation was baseless.

I think "SnappyNames", is a defensible name. But just like what everyone else always says here, the best way to avoid a lawsuit is to just run away.

 

[Ms Domainer]

*

I think you're on shaky ground, especially if you decide to develop it in a similar industry (selling domain names).

If you set up a personal blog about snappy first names WITHOUT ads referring to the domain industry, you MIGHT be okay.

It doesn't help that you have admitted online that you knew about Snapnames--that's a BIG problem that could potentially land you in legal hot water.

Parking the page with ads would cause you even bigger problems.

IMO, It's a hot potato name.

*

 

[Kenny]

The facts:
Both domain names are similar
Both domain names cater to the same industry

Is there a possible problem ?
You have the answer here: http://www.domainnamenews.com/legal-issues/snapnamescom-kills-off-swapnamescom/896
+ Namepros discussion

Good luck.

Interesting to note that swapnames doesnt resolve, and that zuho is now a parked page.

In the NP discussion link you provided, I believe the most relevant post was by JBerryhill, stating that the names ARE similar enough to warrant SN going after it.
http://www.namepros.com/380695-swapnames-com-lawsuit-3.html#post2261046

I believe the OP here COULD be in a similar position if he offers his names for sale on the site.

JMO

Peace,
Cy

btw, there may also be a problem with another site, snappy domains.

 

[RazorNF]

I would personally think the two are very similar as well.

Speaking of JBerryhill, have not seen him around these parts for ages...

 

[johname]

I bought the domain name snappynames.com last week at a GoDaddy closeout

Everything you typed below this doesnt matter in my opinion. You just picked it off a trash pile with no inheritance of the prior work even if it was good (which I doubt).

not to mention the name is 2 letters away from "snapnames" makes me slightly worried.

Slightly worried? If this popped up in my account one day I would be screaming, and I offen can see the other side of tm issues. But there no other side here.

Do you guys think there will be any trademark ("snapnames" is trademarked) or legal issues with owning snappynames.com

Yes! you will lose!

And if you develop on it some closeout portfolio it will find its way into SN radar.

Just posting it here is sticking a fork in the name.

CD letter soon.

Goodluck and try out the godaddy delete button

 

[alien51]

One thing you can say about legal battles, there is one side in favor of the complainant, and one side in favor of the defense. And each side believes the other side doesn't have a case.

The other thing i observed, is that people are generally scared of pursuing hairline arguments. I think in this case, the respondent admitting of knowing the complainant, was meant to try to differentiate himself and establish that there should be no confusion in the usage of the term.

Unless you can establish the motive that the word "Snappy", was intentionally being used to CONFUSE.

But then again, i'm sure it is best to kill any defense even before it gets started.

 

[bmugford]

SnappyNames.com might be alright in a different field, but in the domain field I think it is very similar.

It is not based on a generic term like Best Names, Buy Domains, etc. It is a pure brand. The domain world is pretty small so I think there would be potential confusion.

Brad

 

[dompro]

there is a trademark issue, unless it will be developed in some unrelated niche, such as baby's names database

 

[bulkdomainz]

there is a trademark issue, unless it will be developed in some unrelated niche, such as baby's names database

... or crocodile names ... with lots of crocs splattered all over the website for design!

 

[johname]

It not a value name worthy of trying a "skirt the tm" development. Because what do you get for your work, the privilege to own a name nobody wants.

The name was only bought to use as a domain site. Which instantly neuters the name.

 

[Ms Domainer]

... or crocodile names ... with lots of crocs splattered all over the website for design!

*

Cracking up laughing!

:great:

You have made my day.

I'd love to see that design.

*

 

[mdomain]

become a snapnames reseller and you okay

 

[johname]

become a snapnames reseller and you okay

No your not.

SN has to approve your website to be in their affiliate program. This name will fail that part of the application.

This will just quicken the CD letter

 

[tdn878]

Thanks for the response guys, much appreciated.

@sdsinc- I wasn't aware of the swapnames case, so thanks for that bit of info. Someone told me that snapnames & moniker was recently bought by keydrive, so I am not sure that changes anything. Getting the name was maybe a naive part on my part, but I am not really experienced in the domain business or legal matters, that's why I asked here for some opinions.

@johname- Relax dude. I am not worried at all. I've got nothing to lose except the $15 I paid for the domain and a cool name. Contrary to what you might think, I wasn't at all trying to profit from the similarities in the names. As for GoDaddy closeouts being the "trash pile"- maybe it is, but I've bought numerous domains there and quickly sold them for 5-10X the amount I bought them for. Not sure why the hostile response?

@bulkdomainz- The croc idea would make a pretty cool logo idea

I am not one to beat about the bush, so I've decided to email snapnames directly so I can hear straight from the horses mouth. I would actually call them, but I live in Australia. I know what I am doing might make the situation worst for me since I am essentially alerting them, but I've got nothing to hide and nothing to lose except a few bucks, and I don't want a lawsuit down the line arriving in my inbox.

If I don't hear from them soon (and there's a good chance I won't) I've got no hesitation in pressing the delete button and finding a another name. After all, I've got nothing invested in it. Although I would be extremely curious to hear what they've go to say, good or bad.

Like I said, it was probably a foolish move in the first place, but I am no pro, perhaps made a mistake. That's why I am here seeking the advice of opinions of people who are more experienced in these kinds of issues than me.

Peace guys

 

[johname]

@johname- Relax dude.

Many times posts are for others to learn and not always for the OP. This is a train wreck reg. Learn and avoid these in the future.


******added**********

Theres a number of different POVs on this thread

There really isn't. Esentially its build a crocodile site or dump it.

I guess what made me ignore the obvious 'red flags' around this domain name was the fact that it (snappynames.com) was a domain registar and web host in 2008 and 2009, yet SnapNames never tried to seize the domain name?

Yes we dont know whats going on there. But we do know you are not the original owner of sappynames and you did not buy the name from the original owner along with the reseller's business. My guess is they had a site for a year or two until some heat came along and they deleted the name and you found it in the delete pile.

They never tried to attempt to buy the domain name at any point thereafter either. Maybe they don't care? Maybe they never found out about it?

You can throw out the maybe they dont care. They do

I would be extremely interested in what goes on in their heads when these matters pop up, hence the email.

We all seen this before they may be extremely polite to you but they will say snappyname infringes on their intellectual property and will tell you what course to follow.

Yeah no problem.

No problem here good luck
*************************

Stop telling me to relax though, just say your point

I want to enjoy the ride, so relax brother no ones getting a lawsuit here.

 

[tdn878]

Many times posts are for others to learn and not always for the OP. This is a train wreck reg. Learn and avoid these in the future.

Yeah no problem. Theres a number of different POVs on this thread and people can decide to take whatever they want on board.

I guess what made me ignore the obvious 'red flags' around this domain name was the fact that it (snappynames.com) was a domain registar and web host in 2008 and 2009, yet SnapNames never tried to seize the domain name? They never tried to attempt to buy the domain name at any point thereafter either. Maybe they don't care? Maybe they never found out about it?

I am not sure what the new owners of Snapnames (keydrive) think of this, but like I said, I would be extremely interested in what goes on in their heads when these matters pop up, hence the email.

 

[Kenny]

Yeah no problem. Theres a number of different POVs on this thread and people can decide to take whatever they want on board.

I guess what made me ignore the obvious 'red flags' around this domain name was the fact that it (snappynames.com) was a domain registar and web host in 2008 and 2009, yet SnapNames never tried to seize the domain name? They never tried to attempt to buy the domain name at any point thereafter either. Maybe they don't care? Maybe they never found out about it?

I am not sure what the new owners of Snapnames (keydrive) think of this, but like I said, I would be extremely interested in what goes on in their heads when these matters pop up, hence the email.

tdn878,

If you havent heard this yet...
:wave: Welcome to NamePros!!!! :wave:

It is interesting that SN never made the move with the previous owners, but that could have been for a number of reasons, some of which you already mentioned.

Please keep us informed on the outcome with SN, and you may want to contact the owner of Snappy Domains dot com as well, to see if there will be any issues with them.

Again, welcome to NP, enjoy your visits, and best of luck for the future.

Peace,
Cyberian

 

[SlimPickins]

I think that you being proactive and contacting them and being upfront about your intended usage of the domain is the absolute best way to go. You then have clearly shown your intention with the domain, and wanting to confirm that this usage will NOT be construed as encroaching on their TM etc. Worst they can say is that they strongly disapprove of said use and you can go from there.... use it in a completely different way, offer to GIVE it to them and be done with it or, if adamant to use this domain as planned and feel that your using it for a portfolio site (ie NOT a confusingly similar drop-catching site) SHOULD be acceptable and is worth getting real legal counsel on, you can start looking for the best lawyer.

I myself think being upfront is the best way to go, and is actually the way that I myself DID go when I was setting up a portfolio site on a similar (but not AS similar) domain.... I contacted "THE" contact at Moniker at the time, ie Bari (no longer there), who gave her impression it should be fine but gave me the email for the legal dept.... I emailed them, explained my intended use, and was happy with the reply.

Contact them and you will have an answer faster, and avoid any "possible"/expensive problems later on if they knock on your door first. for what it's worth....