Notice of Infringement of the term Snap & Snapchat

[nomyenx]

Interesting day today. So I've received an email from 'brandprotection [ ] snapchat-ip' com ' with the following email:

Dear Registrant of xxx.com:

We represent Snap Inc. (“Snap”) in intellectual property matters. Our client’s SNAPCHAT® branded mobile app is among the top photo and video sharing applications in the world, with more than 178 million daily users and more than 10 billion views per day. Snap has extensively promoted and used the SNAPCHAT® mark since at least as early as September 2011 and owns numerous trademark registrations and applications for the SNAPCHAT® mark in many countries throughout the world, including U.S. Reg. Nos. 4,375,712, 4,933,187, 4,971,934 and 4,943,051. The SNAPCHAT® mark has become well-known and famous and indicates to consumers that photo and video sharing software, social networking services, publishing services, and other related goods and services originate from or are sponsored by Snap. Snap is also the proprietor of a large family of SNAP marks, including, without limitation, SNAP®, U.S. Reg. Nos. 4,111,564 and 4,345,533; SNAP INTERACTIVE®, U.S. Reg. No. 4,111,563; SNAP ADS®, U.S. Reg. No. 5,046,768; SNAP CHANNEL®, U.S. Reg. No. 4,967,313; SNAPCODE®, U.S. Reg. No. 4,925,610; and, SNAPMOJITM. Needless to say, Snap considers its SNAPCHAT® mark and its family of SNAP marks (collectively the “Snap Marks”) to be among its most valuable assets. These assets enjoy broad protection under federal, state, and international laws.

We recently learned that you are operating a pornographic website located at xxx.com, using the SNAP and/or SNAPCHAT name. Because your use of the SNAP and/or SNAPCHAT name is identical to Snap’s use of its Snap Marks, visitors to your website are likely to believe that your website is published, sponsored, endorsed by, or associated with Snap, which is not the case, and the Snap Marks are likely to be diluted and tarnished.

Your use of the SNAP and/or SNAPCHAT name in connection with a pornographic website is naturally of great concern to Snap, is a violation of its rights under federal and state trademark and unfair competition laws, as well as damaging to Snap’s business and reputation. Snap therefore requests that you immediately:

1. Cease use of the terms “SNAP” and/or “SNAPCHAT” in the title of your website and services offered therein, and on any other websites, social media accounts, or products and services developed or sold by you.


We hope to resolve this matter amicably and without the need for legal proceedings. Please reply to this email to confirm that you intend to comply with Snap’s requests. If we do not hear from you, this matter may be escalated for further action.

Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Snap, all of which are expressly reserved.

Sincerely,

Caroline (Carrie) Barbee
Kilpatrick Townsend & Stockton LLP
9720 Wilshire Blvd PH | Beverly Hills, CA 90212-2018
[email protected]

Anyone received similar emails? And what action did you take? If I take the word snap/snapchat out of my tittles, does that suffice? Or can I not use the word snap/snapchat ANYWHERE on the site at all?

[baddog]

Time to lawyer up

[hausarzt]

Interesting.
I own a domain with the word "snap" in it.
Please keep this threat updated. I will definitely keep an eye on this.

[ruff]

You can fight them and they can out-spend you so there's that.

[OneHungLo]

Call any decent IP lawyer and ask them how much of a retainer they would need to defend you against a lawsuit from snapchat....then watch how fast you remove the words.

[dillfly2000]

Should have called it dumbsnapchat

[EddyTheDog]

Just change the titles, I doubt they make you enough money to justify going to court over this...

[InfoGuy]

Originally Posted by nomyenx

So I've received an email from 'brandprotection [ ] snapchat-ip' com ' ... If I take the word snap/snapchat out of my tittles, does that suffice? Or can I not use the word snap/snapchat ANYWHERE on the site at all?

Their request appears rather broad and includes your site, plus products and services that you offer. Remove all references to Snap and Snapchat and be grateful that you've gotten a free ride thus far, while misusing their intellectual property. If you ignore them. their lawyers will crush you.

[CaptainHowdy]

Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Snap, all of which are expressly reserved.

Im no lawyer but Ive found this part pretty interesting . . .

[EddyTheDog]

Originally Posted by CaptainHowdy

Im no lawyer but Ive found this part pretty interesting . . .

"We might sue you anyway..."

[King Mark]

I am with the consensus on this. Time to move on unless you like unnecessary drama.

[_Richard_]

you can't use the term anywhere and removing it all appears to suffice

[CjTheFish]

I'm looking at your site and I don't see anything relating to "Snap/Snapchat" so I'm assuming you removed it....

I'm wondering though is this going to apply to sites like PornHub that have SnapChat in tons of porn videos??? "Hot cutie leaked snapchat fuck" or whats next, tinder? Tons of videos like "Tinder cutie sucks and fucks" etc etc are on those tube sites.

I guess PH would have the resources to take them on...

[3xmedia]

Originally Posted by CjTheFish

I'm looking at your site and I don't see anything relating to "Snap/Snapchat" so I'm assuming you removed it....

I'm wondering though is this going to apply to sites like PornHub that have SnapChat in tons of porn videos??? "Hot cutie leaked snapchat fuck" or whats next, tinder? Tons of videos like "Tinder cutie sucks and fucks" etc etc are on those tube sites.

I guess PH would have the resources to take them on...

obviously xxx.com isn't OP's site, he edited it... I know the site in question and he uses these words (snap/snapchat) pretty often in the posts/titles.

[CjTheFish]

Originally Posted by 3xmedia

obviously xxx.com isn't OP's site, he edited it... I know the site in question and he uses these words (snap/snapchat) pretty often in the posts/titles.

On a forum full of adult webmasters I guess it wasn't so obvious to me

[3xmedia]

Originally Posted by CjTheFish

On a forum full of adult webmasters I guess it wasn't so obvious to me

I think Xvideos/XNXX guys own that domain, they once bought it for several millon

[fuzebox]

Snapchat has been suing hard on anything with the word "snap" in it, or their logo or even colors.

[Grisey]

Originally Posted by fuzebox

Snapchat has been suing hard on anything with the word "snap" in it, or their logo or even colors.

If someone owned a domain with the word snap in before they ever came about surely they are safe ?

My friend owned a domain with the same word twice that he bought back in 99, a company bought the word .com back in 2004 in 2008 some prick in legal tried to sue him for the domain saying it was there word and they owned it and he had to hand over the domain or be sued for using the traded marked name.

The prick in legal didn't relaise he bought the domain 5 years before they even came about, once this was pointed out they crawled back under there rock.

[EddyTheDog]

Originally Posted by CjTheFish

I'm looking at your site and I don't see anything relating to "Snap/Snapchat" so I'm assuming you removed it....

I'm wondering though is this going to apply to sites like PornHub that have SnapChat in tons of porn videos??? "Hot cutie leaked snapchat fuck" or whats next, tinder? Tons of videos like "Tinder cutie sucks and fucks" etc etc are on those tube sites.

I guess PH would have the resources to take them on...

I guess they would use the 'user uploaded content' defense...

[InfoGuy]

Originally Posted by Grisey

If someone owned a domain with the word snap in before they ever came about surely they are safe ?

My friend owned a domain with the same word twice that he bought back in 99, a company bought the word .com back in 2004 in 2008 some prick in legal tried to sue him for the domain saying it was there word and they owned it and he had to hand over the domain or be sued for using the traded marked name.

The prick in legal didn't relaise he bought the domain 5 years before they even came about, once this was pointed out they crawled back under there rock.

That would all depend on the usage of the trademark. If the trademarked word or term is generic and used in a different class of goods and services than that protected by the trademark, then they should have a viable defense and be safe. One of the leading domain catchers is Snapnames. Snapnames and Snapchat operate in different industries, so there's no conflict of interest with either of them using the word "snap" as branding. Snapnames.com was registered 11 1/2 years earlier than Snapchat.com. The earlier domain registration proves that there was no bad faith in the original registration of the domain, but if Snapnames were to also offer goods and services similar to Snapchat, there would likely be a problem.

[SBJ]

suing those that use "snap"? good luck with that.

Snap On

But ya I can see them not wanting "snap" or "snapchat" on titles cause porn is against their TOS

[Mr Pheer]

If it didn't come certified mail, print it out and wipe your ass with it.

[Jazzix]

Sounds like a load of bullshit to steal your domain name... let them pay up their lawyers and see what they have against you. If anything at all.

[InfoGuy]

Originally Posted by Jazzix

Sounds like a load of bullshit to steal your domain name... let them pay up their lawyers and see what they have against you. If anything at all.

OP did not say the lawyers demanded the domain name. hausarzt posted that he/she owns a domain containing "snap" and Grisey posted a hypothetical situation.

[3xmedia]

Originally Posted by Jazzix

Sounds like a load of bullshit to steal your domain name... let them pay up their lawyers and see what they have against you. If anything at all.

please don't comment on things you have no clue about, newb

[pimpmaster9000]

they can buy more justice than you...

[artwilliams]

It's all about the lawyers and money. nomyenx, do you have more than SnapChat?

[Holy Damage]

op, keep us posted

[Forkbeard]

And always remember that legal advice you get on GFY (or anywhere else free on the internet) is worth about as much as you paid for it.

[hausarzt]

Any updates about this?
My snap-domain needs to be renewed soon and I would not want to keep it if this will cost me a fortune for a lawyer.

[OneHungLo]

Originally Posted by hausarzt

Any updates about this?
My snap-domain needs to be renewed soon and I would not want to keep it if this will cost me a fortune for a lawyer.

I guess you have to ask yourself why you would ever build any kind of business on a trademarked name?

Cut your losses and move on.

.

[CurrentlySober]

So, Joe Lycett (UK Comedian) got annoyed with Hugo Boss, so he legally changed his name to Hugo Boss, and ran around causing all sorts of mischief.

So, LEGALLY change your name. 1st name "Snap' Surname 'Snapchat" So you are now LEGALLY called Mr Snap Snapchat. From this point on, you are no longer using their IP. You are using your LEGAL NAME...

You win / They lose. Simples...

[kjs]

You need to understand a day in the life of an attorney working on things like these. They have a big list of infringement or possible infringement that may be damaging to their clients brand and their job is to MAKE IT GO AWAY. They are not going over their cases and wondering how much they can sue you for. They truly want to cross your name off the list and move on to the next one.

Your easiest/cheapest option here is to avoid the legal system completely. It's a shit show if you start down that path and even if you win you've lost.

[Goethe]

Any update from the OP

[adultchatpay]

I hope he retains the name, this would be a good precedent for other "snap" domains

[fuzebox]

Originally Posted by hausarzt

Any updates about this?
My snap-domain needs to be renewed soon and I would not want to keep it if this will cost me a fortune for a lawyer.

I would let it drop

If it is generating revenue I would have moved all the traffic to a different domain already

[celandina]

Big companies always win. Change your xxx.com

[Kenny B!]

Stan changed SnapCentro to FanCentro, ask him, or just follow suit and change your name.

[$tandaman]

Originally Posted by Kenny B!

Stan changed SnapCentro to FanCentro, ask him, or just follow suit and change your name.

not worth the fight imo.

[CaptainHowdy]

Originally Posted by $tandaman

not worth the fight imo.

Oh, snap . . .