Godaddy Domain Registrar
DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeForumRegisterGetting StartedDomain ToolseBooks/ArticlesDomain Resellers AffiliatesMemberships Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 10-03-2007, 07:57 PM   #1 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 06-29-2009 09:27 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,656
DNF$: 0
Location: Manila


SnapNames Vs. SwapNames

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?
__________________
Vidi, Vici, Veni!

Last edited by Dave Zan; 10-03-2007 at 08:05 PM..
Dave Zan is offline   Reply With Quote
Sponsored Links
Old 10-03-2007, 08:30 PM   #2 (permalink)
 
Devil Dog's Avatar
 
Name: Darren
Last Online: Today 10:16 PM
iTrader: (74)
Join Date: Feb 2006
Posts: 2,930
DNF$: 7,094
Location: I'm Home
Country:


Why not just UDRP it then? Is it because they felt they probably wouldn't have had a chance?
__________________
.::: e-nic.com :::. - semperfidelis.com - stow.org - parlaying.com - shopbooks.com and more....
Devil Dog is offline   Reply With Quote
Old 10-03-2007, 08:32 PM   #3 (permalink)
Enamemart.com
 
Johnn's Avatar
 
Last Online: Today 09:13 PM
iTrader: (318)
Join Date: Apr 2004
Posts: 10,989
DNF$: 36,073
Location: Lancaster PA
Country:



I smell trouble in 'swapping names'
Who start the transfer and who would push to who first?
__________________
Global weather: There is a 50% change of shower and the sky is partly cloudy!
Johnn is offline   Reply With Quote
Old 10-03-2007, 09:00 PM   #4 (permalink)
DNF Addict
 
Poker's Avatar
 
Last Online: Today 01:01 PM
iTrader: (13)
Join Date: Oct 2002
Posts: 2,929
DNF$: 11,404
Location: Nirvana
Country:


Quote:
Originally Posted by Johnn View Post
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...
Poker is offline   Reply With Quote
Old 10-04-2007, 01:50 AM   #5 (permalink)
Never Sleep™
 
pcproffenno's Avatar
 
Name: Stian
Last Online: Today 04:05 PM
iTrader: (125)
Join Date: Jan 2007
Posts: 5,380
DNF$: 2,811
Location: EHOT.net
Country:



Quote:
Originally Posted by Poker View Post
kinda like wife swapping..um..er..i mean...
pcproffenno is offline   Reply With Quote
Old 10-04-2007, 05:11 AM   #6 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Gracella
Last Online: 03-30-2008 09:45 AM
iTrader: (5)
Join Date: Nov 2006
Posts: 16
DNF$: 10
Location: Amsterdam
Country:


Quote:
Originally Posted by Dave Zan View Post
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).
__________________
......
Ms Grace is offline   Reply With Quote
Old 10-04-2007, 05:13 AM   #7 (permalink)
Krossat
 
krossat's Avatar
 
Name: Rohan
Last Online: Today 11:28 PM
iTrader: (41)
Join Date: Jun 2007
Posts: 992
DNF$: 75
Location: krossat.com
Country:


also swapnames.com has a live trademark on it by its owner. still..?!?
krossat is online now   Reply With Quote
Old 10-04-2007, 11:11 AM   #8 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 06-07-2009 12:32 PM
iTrader: (13)
Join Date: Jun 2007
Posts: 264
DNF$: 10
Location: Edmonton AB, Ca
Country:


.

Last edited by infernostudio; 10-04-2007 at 11:16 AM..
infernostudio is offline   Reply With Quote
Old 10-04-2007, 11:48 AM   #9 (permalink)
ArcadeScript.Com
 
Varchar's Avatar
 
Name: Kawing Chiu
Last Online: 06-22-2009 11:35 AM
iTrader: (43)
Join Date: Mar 2005
Posts: 1,778
DNF$: 3,026
Location: NYC
Country:


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...
Varchar is offline   Reply With Quote
Old 10-04-2007, 02:45 PM   #10 (permalink)
 
PRED's Avatar
 
Last Online: 06-28-2009 12:18 PM
iTrader: (111)
Join Date: May 2006
Posts: 7,541
DNF$: 129
Country:




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.
__________________


PRED is offline   Reply With Quote
Old 10-04-2007, 02:50 PM   #11 (permalink)
DNF Member
 
Salient's Avatar
 
Name: Stuart Wood
Last Online: 06-24-2009 01:01 PM
iTrader: (20)
Join Date: Aug 2004
Posts: 586
DNF$: 5,685
Location: Racine, Wisconsin
Country:


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.
__________________
|Salient Properties, LLC. - Virtual & Real Estate| See Our Domain List|
|BuildsOut.com - We Develop Domains, Content, SEO: Higher Revenue|
Salient is offline   Reply With Quote
Old 10-04-2007, 07:57 PM   #12 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 06-29-2009 09:27 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,656
DNF$: 0
Location: Manila


Quote:
Originally Posted by shamanz View Post
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.
__________________
Vidi, Vici, Veni!
Dave Zan is offline   Reply With Quote
Old 10-04-2007, 10:47 PM   #13 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 06-28-2009 09:20 AM
iTrader: (6)
Join Date: Mar 2007
Posts: 227
DNF$: 106
Location: Online
Country:


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.
__________________
HM.NET - Taking Offers.
intellect is offline   Reply With Quote
Old 10-05-2007, 12:02 AM   #14 (permalink)
Gold Lifetime Member
No Avatar
 
Last Online: Yesterday 03:04 PM
iTrader: (0)
Join Date: Apr 2003
Posts: 1,308
DNF$: 0


I wish courts would award large sume to compainies who are wrongfully sued, probably would be a lot less lawuits
fatter is offline   Reply With Quote
Old 10-05-2007, 01:03 AM   #15 (permalink)
DomainBELL.com
 
DomainBELL's Avatar
 
Name: Patricia
Last Online: 06-27-2009 04:00 PM
iTrader: (6)
Join Date: Dec 2005
Posts: 594
DNF$: 6,452
Location: ohio
Country:


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

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

thanks...

~DomainBELL (Patricia)
__________________
VeryFastCASH.com -- OFFERS Considered...
Sales Report -- DomainBELL.com -- Reseller Pricing Possible - on SOME of my Names...
DomainBELL is offline   Reply With Quote
Old 10-05-2007, 02:10 PM   #16 (permalink)
Platinum Lifetime Member
 
Yofie's Avatar
 
Name: Jamie
Last Online: 06-13-2009 10:29 AM
iTrader: (21)
Join Date: May 2007
Posts: 783
DNF$: 440
Location: Wisconsin
Country:


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.
__________________

Yofie is offline   Reply With Quote
Old 10-06-2007, 08:51 AM   #17 (permalink)
DNF Member
 
EquityBlue's Avatar
 
Last Online: 07-01-2009 04:44 PM
iTrader: (55)
Join Date: Sep 2004
Posts: 495
DNF$: 4,449


Quote:
Originally Posted by Devil Dog View Post
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 View Post
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...
EquityBlue is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 11:31 PM.
Copyright @2001-2009 DNForum.com