DSW commits major PR blunder in sueing Zappos

You know I hate to see Columbus businesses mess up. But it looks like Columbus based DSW has a PR nightmare on its hands.

Yesterday, DSW filed suit against online shoe retailer Zappos alleging that Zappos and it’s agents have infringed DSW’s service marks. The PR trouble is multiple.

1) The entity that allegedly infringed the service marks is an affiliate of Zappos, not Zappos itself. In Internet parlance, an affiliate is basically someone that puts a link to an online store and gets a commission whenever someone that clicks that link buys from the online store.

2) According to Zappos’ CEO, DSW never informed Zappos of their problem, and just sued them. Which is a perfectly valid move, except that …

3) Zappos has a HUGE Twitter presence and a HUGE fan base. DSW, your move strikes these folks as:

a) a PR stunt given that you just launched your competing online shoe site, and

b) a douchebag move given your lack of trying to work things out in advance.

Worse yet, there was a guy on Twitter with the screen name of, ugh, SEOColumbus (account since deleted) that bashed Zappos. Turns out, SEOColumbus was associated with DSW.

Run a search on Summize.com for Zappos and DSW. You’ll see that the masses are outraged and pledge to buy from Zappos and not DSW. That hurts.

Is there any way for DSW to contain the onslaught of bad PR? Perhaps some of my PR friends on Twitter can chime in. I for one have shopped at DSW and hope to continue shopping there. It’s just hard to see a Columbus business miscalculate so badly. It makes us all look like yokels. Like when Skybus went bust.

And if I may interject one more comment. For Pete’s sake, if you’re going to try to covertly muck up the social network world, please use another name that doesn’t sully our region’s name.

Update: Here’s the DSW complaint if you’re so inclined to read.

dsw-v-zappos-complaint

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  • Andy
    What do you know? A memorial day birthday. Happy Birthday, Al! the270.com's bday is coming soon as well.
  • wyliemac
    Hope I didn't distract you too much.
  • wyliemac
    Ditto!
  • wyliemac
    Great comment, especially the bit about the lawyers, and I am one! In today's world, the Internet must be a factor in deciding to file a complaint. It just seems like a poor strategy (or research) to me on DSW's part.


    Plus, if you read the complaint, DSW didn't even name the website owner: Nabeel Kahlid. According to Domain Tools, he owns DSWreview.com (http://whois.domaintools.com/dswreview.com),and DSW-Shoes.net (http://whois.domaintools.com/dsw-shoes.net)I'd also bet he owns DSWShoesReview.com (http://whois.domaintools.com/dswshoesreview.com)



    DSW makes it sound as if Zappos and Co-Defendant Commission Junction operate these sites. Either they have no clue about how affiliate marketing works, or they're playing fast and loose to try and pin this on Zappos and CJ.



    Either way, I think they have misplayed this thing. And you are right, no amount of great PR can help them in this matter. Maybe they can offer 23 cent shoes. :)
  • wyliemac
    Great comment, especially the bit about the lawyers, and I am one! In today's world, the Internet must be a factor in deciding to file a complaint. It just seems like a poor strategy (or research) to me on DSW's part.


    Plus, if you read the complaint, DSW didn't even name the website owner: Nabeel Kahlid. According to Domain Tools, he owns DSWreview.com (http://whois.domaintools.com/dswreview.com),and DSW-Shoes.net (http://whois.domaintools.com/dsw-shoes.net)I'd also bet he owns DSWShoesReview.com (http://whois.domaintools.com/dswshoesreview.com)



    DSW makes it sound as if Zappos and Co-Defendant Commission Junction operate these sites. Either they have no clue about how affiliate marketing works, or they're playing fast and loose to try and pin this on Zappos and CJ.



    Either way, I think they have misplayed this thing. And you are right, no amount of great PR can help them in this matter. Maybe they can offer 23 cent shoes. :)
  • Don
    Stupid, stupid, stupid. Either brick and mortar stores get it or they massively screw the pooch. DSW clearly went with plan B. I love Zappos (I am ambivalent about DSW but now don't care for them) and you're right, they are huge on the web. What a boneheaded move by DSW. Hopefully, there will be some serious falling on of swords in the next week or so. Or not.
  • Lara Kretler
    Here's the thing... as a PR person, I can tell you that no amount of good or even great PR can help you if you're doing the wrong things. PR is for companies and brands doing good things and wanting to get the word out. My counsel to the DSW guys would be to back the truck up, get the leashes back on the lawyers and set up a meeting with Zappos (whose CEO Tony I've come to "know" on Twitter as a really nice, reasonable guy) and talk things out like normal people. Just a few thoughts.
  • Maureen M.
    I was reading your shoe tweets on my phone when I was supposed to be doing something else earlier today...


    entertaining...
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