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  1. #1
    ABW Ambassador Rehan's Avatar
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    DSW Shoes sues Zappos and CJ because of affiliates' actions
    Details are at http://www.techdirt.com/articles/200...36541102.shtml and http://www.seomoz.org/blog/dsw-sues-...s-review-sites ... The second link has a good summary at the beginning.

    It's a pretty wacky lawsuit. It'll be interesting to see how it plays out. My guess is that it'll never make it to the courtroom.

    Both of the affiliate sites noted are owned by one person (and both sites are offline now), so it may have been due to the actions of just one affiliate.
    --

  2. #2
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    Yeah, it's a dumb lawsuit. If there is actual TM infringement, you would go after the person actually owning the infringing domain, not Zappos.

  3. #3
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    And DSW's description of what CJ does is so totally screwed; you'd think their high-powered legal team would do a little bit of actual research before filing that pile of
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
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  4. #4
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Since CJ does act an affiliate site operator, I have to ask...

    is everyone sure that this "affiliate" isn't CJ?

  5. #5
    ABW Ambassador
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    Whois check on the sites mentioned show that it doesn't look like it's CJ.

  6. #6
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    oops, he forgot one...

    here's another site that he owns, with "dsw shoes" text / link on it (see bottom left corner of home page), that has shoe links going to Zappos via CJ. nothing huge, but as the lawyers clamp down, figure he needs to search his other sites and play nice.

    manjor.com

    linking code reveals his cj pid.

    Code:
    
    
    
    
    
    bet the CJ folks are "talking" to him.

    ~~~~~~~~~~~~~~~~

    crap like this does stain us all.

  7. #7
    ABW Ambassador Joshua's Avatar
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    The affiliate is located in Pakistan. I doubt DSW would be able to have any legal action against this affiliate based on his location.

  8. #8
    ABW Ambassador
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    The domain registration for both offending sites expired on 5/29/08.

  9. #9
    ABW Ambassador delsol's Avatar
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    Thanks Ghoti, good find.

    Since "the courts" have the power of jurisprudence (when actual laws to not clearly cover a case) this could be an interesting case. Especially since the plaintiff (and maybe the courts) don't seem to understand the mechanisms.

    I'm surprise Google (are the search engine providing the link) is not also a party in this lawsuit.

    I think it would be in the best interest of most, that this lawsuit actually goes to court and that the plaintiff loses.

    If they are actually won:
    - This would create a strong legal binding between the affiliates and the merchants that might be too much overhead and diminish the dynamic & creative nature of this relationship.
    - Similarly it would create a binding between CJ type networks, merchants and affiliates that might hurt the little guy.
    - It might hurt the opportunity to "free speech" the web has extended to most folks. For example, if I want to blog about my bad shopping experience at "SportsAuthority" and have ads on my blog (like Adsense), that might show or not show ads to their competition it is my right today. I hope it stays that way.

    The more I think about this the more ludicrous it seems. If they feel they had a case of TM infringing they should go after:
    - Google (or the search results/ad provider)
    - Site owner
    - Registrar?

    In the US, TM cases, involving Google have already been resolved (multiple times ?) in Google's favor. Maybe this could be a twisted way to go back at it. By first winning against smaller players to establish "TM infringing" and with that fact legally established, go back to the courts to challenge the role of the "TM infringing" facilitators (Google ..etc..) are playing....


  10. #10
    Affiliate Manager Alan Hamilton's Avatar
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    Sounds like DSW is lookin for love in all the wrong places.... Let's forget that and have a lively political debate!! OOps, darn - we can't do that here! Just kiddin Mods... hehe
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  11. #11
    Full Member GoColts's Avatar
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    Wow. I own not one but two pairs of DSW shoes bought offline ofcourse. Don't think I'll be a repeat customer though since they are choosing to sue one of the hands that feeds me.

    I wonder if they plan to go after all the PPC affiliates who used their tm since they started operations.

    They didn't even have a website until 2008?! That's hilarious.

    I predict they will see bankruptcy before they ever see a dime from CJ, Zappos, or anyone else. They are already getting negative publicity online!

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