You think weird shit happens in the tech media?
Fast Company ran a piece about a handful of mattress reviewing sites.
When a popular brand (Casper) fell out of favor to some competitors (who ranked better), Casper sued multiple sites over it. As part of one settlement, it then funded the purchase of one of those review sites (via an extremely generous "loan" to a shell company), and it magically started getting positive reviews again.
Full read is well worth it.
Source:
https://www.fastcompany.com/3065928...ggers-lawsuits-underside-of-the-mattress-wars
Fast Company ran a piece about a handful of mattress reviewing sites.
When a popular brand (Casper) fell out of favor to some competitors (who ranked better), Casper sued multiple sites over it. As part of one settlement, it then funded the purchase of one of those review sites (via an extremely generous "loan" to a shell company), and it magically started getting positive reviews again.
Full read is well worth it.
A few weeks later, in September of 2014, Derek spotted an opportunity. He registered the domain Sleepopolis-Mattress-Reviews.com and threw together a quick website comparing his experiences with Tuft & Needle and Casper (he eventually migrated his content to Sleepopolis.com, which he had also registered). A week later, Derek and Samantha posted a positive video review of their Casper on YouTube.
Pretty quickly, it seemed I had struck a chord with a lot of people, Derek recalled. The Casper video eventually racked up 25,000 views.
From the beginning, Derek monetized his site and YouTube channel using what are called referral links, or affiliate links. These special links were embedded with a tracking code. If a consumer clicked from Dereks site through to a mattress companys website (like Casper.com) and made a purchase within 30 days or so, then that company would pay Derek a reward.
Indeed, one would never have predicted looming lawsuits from a friendly 2015 email exchange, in which Casper CEO Philip Krim attempted to court an affiliate marketer named Jack Mitcham, who ran a Sleepopolis-like site called Mattress Nerd.
In January 2015, Krim wrote Mitcham that while he supported objective reviews, it pains us to see you (or anyone) recommend a competitor over us.
Krim went on: As you know, we are much bigger than our newly formed competitors. I am confident we can offer you a much bigger commercial relationship because of that. How would you ideally want to structure the affiliate relationship? And also, what can we do to help to grow your business?
When Mitcham responded to say that he and his wife found the Casper mattress uncomfortable, Krim persisted:
Is there any way I could get you to spend more time on the Casper? We would even be happy to fly you out to NYC to tell you more about the product or have you spend a long weekend on one. Id also love to find ways to work more closely. We would love to become your biggest referral check.
In July 2015a month after the $55 million investmentKrim revived his email chain with Mattress Nerds Mitcham, informing him that while Casper had decided to sunset its affiliate relationships, it nevertheless would be interested in exploring economic relationships beyond the affiliate program structure.
Nothing would make us happier than to pay you a ton of money, Krim elaborated in his next email, but we need to do it in a context of being accretive to Casper. Currently you actively endorse a competing product on our review page. What can we do not to have you endorse another product as superior to ours? I am certain we can be a better partner to you than Leesa.
It appears that Krims dialogue with Mattress Nerd did not end in a comfortable place. Likewise for negotiations Krim may have been having with Sleepopolis or Sleep Sherpa. That summer, Casper declined to renew affiliate relationships with all mattress bloggers. (It eventually reinstated some.)
But then, in the last days of April, Dereks lawyer submitted a surprising counterclaim against the mattress giant.
The claim added a dramatic early chapter to the story of Sleepopolis and Casperright after Casper announced it would not be renewing its affiliate marketing contracts back in the summer of 2015.
Immediately after Casper announced this termination, the claim alleged, Casper approached Hales and offered to resume the relationship, on terms considerably more favorable to Hales, if Hales would agree to state a more positive opinion of Caspers mattress on Sleepopolis. Hales refused.
Shortly after this refusal, alleged Dereks lawyer, Sleepopolis came under a massive negative SEO attack. Tens of thousands of links to Sleepopolis began mysteriously cropping up on sites that Googles algorithms deemed low-quality, he wrote. Since Google demotes websites that are linked to by low-quality sites, Sleepopoliss esteem was hurt by association, and Google began demoting Sleepopolis in searches.
Suspiciously, a large proportion of the toxic links pointed to Dereks Casper content, particularly hurting him in Casper-related searches. (Derek eventually resolved his problem by hunting down the bad links and creating a disavow list for Google.)
Dereks lawyer, having learned that Casper contracted with a reputation management firm at just this time, alleged that Casper was behind the SEO attack on Sleepopolis. His lawyer was now insisting that Derek was the wronged party in the suit, not Casper, and demanded that Derek be awarded damages instead.
Its kind of a mystery, what happened, he said, keeping mum about details. The website came up for sale, and I acquired it. Kenny said he hoped to repay Casper soon and be able to remove the disclaimer, but for the time being he wanted to err on the side of transparency.
Kenny Kline and Dan Scalco swore that Casper wouldnt touch the site. Caspers Philip Krim told me the same: We exert no influence and have no influence over the site, other than that we lent them money. A Casper spokesperson added that the company currently has no access to Sleepopoliss data.
The new owners of Sleepopolis did disclose on the site: Until the loan is satisfied, Casper has the contractual right to repossess the assets and forgive the remaining value of the loan yes, that was written by our lawyers . Repossess the assets: in other words, take over Sleepopolis, if it came to that. But Krim said this was just lawyer language protecting our loan, so we get paid back.
But the most significant change to Sleepopolis came right away. From the first days of the sites new management, that thorn in Caspers sideDereks damning yellow box, pointing prospective buyers to competitorsdisappeared from Sleepopoliss Casper review. In its place there appeared a green box, with a coupon linking straight to Casper.com:
By early September, the updated Casper review amounted to an endorsement. Overall my experience with Casper was very positive, the new review concluded.
Source:
https://www.fastcompany.com/3065928...ggers-lawsuits-underside-of-the-mattress-wars