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.

 

[DotWeekly]

Well, I am happy to say, that I have drastically cut my inventory at Snap. As of today, I was only in 7 auctions, other then my normal 30-50 +.

I will not be bidding, nor adding any new domains to my backorder sheet and I am pulling the "Boarder line" domains out.

This whole thing makes me sick! Holdem8 set up a very nice site, spent a very large sum of money etc, and he in no way competes against snapnames.

Soon snap will just be another High Priced yard of sellers selling domains and NameJet.com will be the Hot Spot.

 

[deb]

we have over 500+ (succesful)auctions with snapnames so for us its to valuable to lose as a buying resource, even if i do feel sorry for swapnames.com but thats business. snapnames/swapnames will either win or lose. why should i lose out as well by boycotting snapnames, the major domainers (vaxis etc) will still be there buying domains at snapnames auctions and grateful for the lessend competition from the sympathisers :imho:

why give your competition an advantage?

less bidders = better bargains :imho:

 

[Marck]

It's a slap in the face of all domainers by SnapNames.

 

[Mobi Cheap]

It's a slap in the face of all domainers by SnapNames.

Slapnames is parked, wonder if they are safe...

 

[Pred]

Slapnames is parked, wonder if they are safe...

ROFL

 

[xman]

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

I already cleaned up my que

 

[Mobi Cheap]

I've edited my original post here, since it was so poorly worded that it was completely misinterpreted.

It was supposed to be supportive of the effort to shame SnapNames into retreat, not the other way around.

The purpose of the original post was purely to keep this thread at the top, so more people can notice it directly from the home page.

Keep up the good work guys!

 

[skylineleong]

swapnames Not snapnames

swap = http://en.wikipedia.org/wiki/Swap
snap = http://en.wikipedia.org/wiki/Snap

How to break law?

 

[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 ...

​

 

[deb]

thanks godian,

i appreciate your comments, i just dont see how 20-30 or even 100 people from namepros boycotting snapnames will achieve much. snapnames wont even notice the difference. also, these things have a habit of getting forgotten about pretty quickly.

anyway i really wish swapnames luck if they fight it, the lawyers will be the only winners as usual.

i think snapnames will ultimately win out :imho:

why dont you start a legal fighting fund for him??? (probably more "useful" to his cause)

 

[Travis]

Not only do they mean different things, but the "W" and "N" are located on completely opposite sides of the keyboard.

 

[Alex]

Unfortunately this weekend I will be gone, so I cannot act. But here are some measures we can take:

- First we need to write as many emails as we can to Snapnames disapproving their action. If they react, then it is good. If they do not react in 5 days, then we shoudl act more actively by:

- Making a site describing the situation. I will volunteer to buy a domain for this cause, but because my English is not the best, I would like others to write one page describing the situation as elaborated as they can the situation.
- Launch an online petition. This can make Snapnames rethink its position. If we gain many signatures from domainers, we have a cause and I am sure that by this time Snap will make a public announcement.
- Promote as much the online petition on other domainer and webmaster forums. No webmaster will want to loose its domain against a cyberbully.
- gain attention by moving all the resources we can. Write Frank Schilling, Ron Jackson at DnJournal, DNOA etc.

If this would not be enough, then there are other methods, but it would be too far to get onto those. But Al has to fight till the end. I like SwapNames, I used it, I even swapped a domain there. He cannot give up that easy.

I think if Snapnames will take act immediately, they will not lose customers. But if they don't they anyway are on a minus already. Reputation is something you build over years but can lose in a second.

Will be back on Monday, I hope that by then there will be new developments in the case. Anyway until then, we should email our reps, and those from the US call them if they can and if they have the time.

In response to Deb:

Let me not agree with you. Even 20 people would be "enougThey won't recommend anymore Crapnames to anybody> On a financial POV it will not much affect them, but on the long run, their reputation is questionable. I as a domainer will not use them anymore. And I won't even mention their name anymore in any of my posts.

Take a look at Mike Row Soft. It is somewhat a similar case. Even if Microsoft did win the domain, they lost more in the final. Even if they "win" the domain, they will be finally loosers.

thanks godian,

i appreciate your comments, i just dont see how 20-30 or even 100 people from namepros boycotting snapnames will achieve much. snapnames wont even notice the difference. also, these things have a habit of getting forgotten about pretty quickly.

anyway i really wish swapnames luck if they fight it, the lawyers will be the only winners as usual.

i think snapnames will ultimately win out :imho:

why dont you start a legal fighting fund for him???

 

[deb]

And I won't even mention their name anymore in any of my posts.
QUOTE]

that will really upset them

 

[Earthian]

deb - first of all , it is not just 20-100 domainers ... ~1200 people have read this thread in less than 36 hours and that's just in this forum alone ... possibly in other forums or other communities the word will spread and SnapNames will reconsider a hasty decision of a legal-department-employee and correct the situation ...



I think there are more effective ways to react at the current state the situation is in (eg. email SnapNames representatives or SnapNames execs ... or spread the word if they don't react) , than starting a legal battle that could become very expensive ... some times companies (or just an employee of them) do small mistakes that are easily correctable and don't need huge amounts of money to be spend on lawyers to be rectified ... it just needs for some exec to notice the issue at hand ... besides most of the SnapNames employees are domainers themselves and can see that someone just made a hasty decision by filing this (anti-domainer) lawsuit ...



lastly , you are becoming defensive and posting jokes in a situation that is not funny (especially for the owner of SwapNames) and while most domainers disagree with your stance on the issue ...



alex - in my opinion there is no need using "bad" names for the company ... substance can have a much more effective result ...

​

 

[Alex]

Yes, deb, that will upset them. Because till now I referred many new domainers to Snap.

My day job is campaigning. I do it at an NGO, and deal mainly with the politics, but I know how things work when it comes to reputation.

We, domainers are their clients. If we get upset, they have nothing to win. And I don't think that the domain SwapNames is worth their reputation.

You underestimate the power of the people. especially when it comes to such a narrow niche as domaining is.

 

[deb]

i hope your right godian and i wish you/others well with your quest.

ps i still think a legal fighting fund would be more useful to him in reality :imho:

best of luck with it....

 

[Earthian]

I think it is more useful at the moment if more domainers expressed their opinion in this thread (and possibly other threads in other forums/communities) so SnapNames notices the whole situation ... some emails to a SnapNames exec or representative might also turn out to be very useful ...





also , troopscott started a legal fund (on the first page of this thread) , by chiping in $50 ... if SnapNames don't react to the emails/attention , I think many more domainers will throw in some fifties which might be used as an incentive for a domain/internet lawyer to review the situation ... though, a postponed -after trial- payment (especially since the legal fees would be "paid" by SnapNames , if the case is won by SwapNames) would be more convinient ...





in the meantime , I PMed John Berryhill , a well-known lawyer dealing with internet/domain issues (and member of NamePros) ... to view this thread and give his oppinion , if he wants ...

​

 

[Dave_Z]

also, these things have a habit of getting forgotten about pretty quickly.

Especiallly with people's attention span getting shorter. :D

It's fine if many of you folks boycott SnapNames because of this. But they're
not going to reply here or anywhere whenever legal suits crop up.

 

[xman]

Talking about cleaning:

If somebody you really don't like were to suggest you go wash your mouth with soap (because of that word you said), you could suggest they register soapnames.com (available right now) and email SnapNames with a 4-figure sales offer and their full contact details.

BTW, if anyone hasn't noticed yet, the implicit rule of the game so far has been that one can only change one letter in SnapNames.com

To keep this thread at the top (so more people can notice it directly from the home page) shall we play without restrictions?

PS: It appears that for some reason crapnames.com are not all that proud of their name - when you go to the parking page at the top it says interimnameserver.com

Go figure...

LOL...Are you done editing your post?

The fact remains there many of us here that will no longer use snapnames.

You go figure.

 

[IAmAllanShore]

I haven't figured out how to post the complaint yet, but there is a priceless line:

9. When the term "swapnames.com" is typed in the Google Internet search engine, the search engine returns a page with the message: "Did you mean snapnames.com?"

Yup, that is evidence enough right there... bah.

-Allan :gl:

 

[Pred]

I haven't figured out how to post the complaint yet, but there is a priceless line:

9. When the term "swapnames.com" is typed in the Google Internet search engine, the search engine returns a page with the message: "Did you mean snapnames.com?"

Yup, that is evidence enough right there... bah.

-Allan :gl:

LOL yeah


:hehe:

I just entered 'poperty' into google
It just said 'do you mean 'property' '

I guess the owner of 'poperty.com' is gonna be a very rich man when he reverse hamstrings/hijacks the owner of property.com :hehe:

Mind you, that's if he has a customer base left :td:

 

[AussieDomainer]

I rang my SnapNames account rep today but got the voicemail so left a message saying I will ring back tomorrow and explaining that I will not be dealing with SnapNames due to the action they have chosen to take against SwapNames. I will try calling him again tomorrow and hopefully get to speak with him in detail about the situation and advocate my support for SwapNames as I think it is a great site that has been designed well and has lots of potential. All that hard work doesn't deserve to be stripped away like this.

 

[jsp]

Concerning Snapnames

As a user of both services, I have the the following points:


- Snapnames is taking advantage of laws designed to prevent abuse, in this case for profit. Ample reasons would include if the site was cutting into their bottom line, which they aren’t, as they both provide clearly different services in different manners. Granted confusion could ensue between the domains which can be thought of as similar, it was up to snapnames to determine this risk beforehand and register the domain. Given they didn’t to this, they should’ve focused on separating themselves from their perceived competition, and/or dealing with domain name confusions using non-destructive methods.
The irony is that Snapnames profits off of the very domain industry it is taking from.

I would like to know why they didn’t simply offer to purchase the domain. Given the money they are prepared to spend on litigation, they could have made a generous offer.

Snapnames lists domains which could potentially land users of their service in the same situation. Many domains such as:
Microsoet (dot) com (Microsoft mispell) and Googledev (dot) com, are listed on their site. Additionaly there have been complaints against snapnames themselves, but for legitimate reasons. See:
http://www.wipo.int/amc/en/domains/decisions/html/2002/dbiz2002-00221.html
(if not listed already)

Ultimately these actions are counterproductive to the domain community; A situation where people fear developing these services, and registering domains for fear of them being removed for their similarity (within reason) to larger sites is worth avoiding. IMO competition among domain related services is good for the industry.

To prove that they are an advocate of all progressive aspects of the industry they should at least leverage their size to vigorously promote swapname’s new domain name, Zuho.com, such as to reestablish its presence, given they no longer have their highly relevant domain name, and need more exposure to link the name to their service.

From here I will wait to see SnapNames rationale, and course their of action, and I will react accordingly.

 

[Dave_Z]

I would like to know why they didn’t simply offer to purchase the domain.

I'm curious about that as well, although it's not a requirement if they wish to
make a statement of course.

 

[Earthian]

Dave - many times in the legal forum you post taking a rather objective stance ... on some occasions you post about domains that have potential TM issues and take a stance rather supporting to big corporations (and justifiably in many of those cases)


what seems rather strange is why you hold such a kind-of-snapnames-pro stance in this thread , while I think you blatanly see that it is most possibly a case of "corporate overstretching" ...







your first post in this thread regarding the SwapNames aboutus page talking about buying and selling is very misleading and I think it confused many members that SwapNames could be on the wrong ... SnapNames has a TM for registering domains , monitoring domains and domain auctions ... they did not start selling other people's domains until only recently and again in the auction format ... while Swapnames has been operational for more than a year now (as I remember) basically as a communication platform for swapping domains ... and even if both sites are considered as buying-and-selling-domains sites , the two brands are characteristically different for any domainer since they basically provide different services (swapping-selling , backordering-auctioning)







regarding people forgetting easily ... if this lawsuit doesn't get dropped and SnapNames manage to get SwapNames.com , I think in the minds of most domainers they will appear as a ruthless corporation which tried to "use muscle" (costly lawsuit instead of a UDRP that they would probably lose ... filing a UDRP against the legal TM holder of a name ?!?!?!?) so as to take a developed domain from a TM holder just so as to not confuse the two or three domainers in the whole world that might actually confuse the two services ... :lol:







whether they post or not is their decision , but I think they should come clean in this situation before it becomes even more public (suing a small company to take its developed domain that they have a TM for ??? , what's next suing NamePros for having the word Names in it and selling domains ???







whatever is the decision of the court , if the lawsuit goes on ... and whoever wins or loses the case ... is irrelevant with the fact that most domainers see the SnapNames tactic as wrong ... and it is a time for the domain community to defend against an "attack" which is , in my opinion , just a hasty mistake from an employee and does not represent SnapNames as a whole ... unless you think that they are acting correctly and that even trademarked domains are in the danger of being taken via a lawsuit from big companies just because they have the funds to (expensively) prolong a court case ...

​