SnapNames Vs. SwapNames - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Dave Zan** · 10-03-2007, 08:57 PM

Found this in another forum. Apparently a service called SwapNames has just
been sued by SnapNames for TM infringement:

http://dockets.justia.com/docket/cou...case_id-84591/

SwapNames accounced on their site they're rebranding to Zuho by October 9.

On the face of it, SwapNames has a registration at USPTO that doesn't seem
to infringe Snap's TM. Appears anyway so feel free to correct me if I'm sadly
missing something.

Problem is they arguably both look and sound rather too close to each other,
not to mention SnapNames has been active in the domain name market much
longer.

Thoughts?

Edit: found this tidbit from SwapNames' site:

http://www.swapnames.com/about_us.aspx

Quote:

SwapNames.com is an online marketplace for domain name owners to actively swap, buy or sell their domain names or web sites.

Hmm, maybe that's why?

**Devil Dog** · 10-03-2007, 09:30 PM

Why not just UDRP it then? Is it because they felt they probably wouldn't have had a chance?

**Johnn** · 10-03-2007, 09:32 PM

I smell trouble in 'swapping names'
Who start the transfer and who would push to who first?

**Poker** · 10-03-2007, 10:00 PM

Quote:

Originally Posted by Johnn

I smell trouble in 'swapping names'
Who start the transfer and who would push to who first?

kinda like wife swapping..um..er..i mean...

**pcproffenno** · 10-04-2007, 02:50 AM

Quote:

Originally Posted by Poker

kinda like wife swapping..um..er..i mean...

**Ms Grace** · 10-04-2007, 06:11 AM

Quote:

Originally Posted by Dave Zan

Problem is they arguably both look and sound rather too close to each other (...)[/url]

agreed.

But they don't offer the same services and Swapnames.com is quite a logical name for domain swapping marketplace. Snapnames has nothing to gain with this case IMHO (since I seriously doubt that snapnames is losing business to swapnames).

**krossat** · 10-04-2007, 06:13 AM

also swapnames.com has a live trademark on it by its owner. still..?!?

**infernostudio** · 10-04-2007, 12:11 PM

**Varchar** · 10-04-2007, 12:48 PM

well, swapnames can also create some sort of escrow service which both the domain owners will push to swapnames before confirm to release the names. This is a good business model. I don't think swapping domain can be trouble.

The operation is different from 'snap'names...

**PREDATOR** · 10-04-2007, 03:45 PM

I feel really sorry for the owner of swapnames who is legitimately conducting a business different from snapnames.
There is a lot of disquiet and concern from domainers about this David v Goliath battle.
Problem is David doesn't have the cash to fight it & Goliath knows it.
I know of a lot of domainers cancelling backorders now & phoning reps to close their accounts on the back of it.
I think we all (swapnames members) got the email from the owner to tell of them having to stop & felt real bad for him.
I stopped bidding on an auction tonight i've been involved in for 2 days & cancelled 2 backorders. I won't be using snapnames again.
We gotta stick together & have principles.
The owner of swapnames is a member here too but i guess legally he can't speak out.
Just seems so unfair. Snapnames whole business is to Domainers, let's see how this bullying affects them.

**Salient** · 10-04-2007, 03:50 PM

imo - this is a 'hang your head in shame' day for the domain industry.

I think Swapnames should contact the ICA...

I'd love to see how this would be handled.

Well, with the announcement of NameJet, I guess I can understand the lashing out like a spoiled rotten little kid.

**Dave Zan** · 10-04-2007, 08:57 PM

Quote:

Originally Posted by shamanz

also swapnames.com has a live trademark on it by its owner.

It's not approved yet at USPTO. And it looks like there's no point doing so.

**intellect** · 10-04-2007, 11:47 PM

I agree "swap names" seems very generic to me. Snapnames is a brand name that doesn't swap names as part of their business model. Just bullying tactics.

**fatter** · 10-05-2007, 01:02 AM

I wish courts would award large sume to compainies who are wrongfully sued, probably would be a lot less lawuits

**DomainBELL** · 10-05-2007, 02:03 AM

I'd never heard of SWAPnames.com prior to this thread...

I'll have to go have a looksee....

thanks...

~DomainBELL (Patricia)

**Yofie** · 10-05-2007, 03:10 PM

Well it looks like the bully won so far. The SwapNames>>.com domain is now a Dead Page. Whois still shows Al as the owner, but I would guess it will soon show Snap.

It's sad to see them loose such a generic domain name, to a service who catches and sells domains and has nothing to do with Swapping domains.

Another hit to swap names is the good deal of traffic they were getting.
The 218 google indexed pages
The Alexa Ranking of 280,393
etc.

**EquityBlue** · 10-06-2007, 09:51 AM

Quote:

Originally Posted by Devil Dog

Why not just UDRP it then? Is it because they felt they probably wouldn't have had a chance?

Why spend the time and extra money when a quick and simple letter will do the trick. Without deep pockets, the little guys are always going to loose out.

Quote:

Originally Posted by shamanz

also swapnames.com has a live trademark on it by its owner. still..?!?

The difference between a Trademark (small TM) and a Registered Trademark (circle R). The Registration takes multiple steps and a while to complete before becoming official.

It's a shame because they are two completely different business models, but the grey area and determining factor is that the names are "Confusingly Similar" and are in the same industry.

I just hope Al does not loose the momentum he had...