Google Lawyers because of google in the name?

What about legal consequences if using google in my domain name

[dirkz]

Hello everybody,

has anyone made some experience with domain names containing google, e.g. "google-stuff.blub" or "google-dance.blub"?

I have a domain with the word "google" in it, and as I am ranked TOP10 now for some keyword combos I got my first threat mail in my box, (not from google of course), that I am doing trademark infringements and that many SEO's already had to pay a lot because of these infringements.

Anyone similar experience? What is legally correct?

[mosley700]

Ever heard of Google-Watch? As long as your intent is not to cyber-squat, you should be ok.

A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person has a bad faith intent to profit from that mark

But, if Google wants the domain, they might just get it. Looks like they like to take peoples' domains when they contain the word "google".

[dirkz]

Thanks for your answer Mosley700,

seems I have to make clear that I don't want to profit by it (the "bad faith intent" business).
This is not so easy because, yes, I do business that has to do with google a lot.
Maybe I should make more clear that I'm not google :)

Anyone experience with trademark infringements of this kind?

[GoogleGuy]

So you started a Google-related for-profit business with "google" in the domain name? Seems like that could confuse consumers..

[rfgdxm1]

I am not a lawyer, and anyone should get legal advice from a lawyer rather than Internet message boards. Currently I run a harm reduction site in the form of trademark.org, where "trademark" is a very well known pharmaceutical brand. I've very clearly on the home page announced that this site is not run by, or affiliated with, the trademark holder. Thus, there should be no confusion.

My site is an amateur site that sells nothing. The essence of trademark law was to prevent others from profiting from the trademark of others. Legally Google would have a weak case unless they could show you were profiting by confusing people you were somehow affiliated with Google.

[mosley700]

dirkz,
I have a feeling Google doesn't like for-profits having their mark in other peoples domains.

I just went through this with another large, nasty corp, and as it stands now, cyber squating penalties are extremely expensive. I doubt that is your intend, but they can accuse you of anything.

[gigalaw.com...]

If it becomes an issue, get an attorney asap. :)

[dirkz]

Hi GoogleGuy,

I know that what you say here is much more than opinion :) Yes, I do it for profit so far. Which advice would you give me? Are there alternatives to just killing the domain? Or is it enough to convert it to something non-profit?

[HughMungus]

So Google and Ebay are allowed to profit from other people's trademarks (adwords, search terms) but no one else is?

Sounds hypocritical.

[rogerd]

Or is it enough to convert it to something non-profit?

Don't worry, Dirkz, as soon as the lawyers get involved you'll achieve non-profit status very quickly. ;)

[dougb]

I'm also not a lawyer, but I think you should abandon the domain name. It seems wrong to trade on the brand equity that another company has built, even if it doesn't confuse users. It's one thing to have references to another company on your web site, or even to start a business devoted to helping customers of that company -- but it's quite another to take its name as part of your own identity. Forgetting for a moment about whether it's legal, doesn't it just seem sketchy to you?

As far as Google profiting from other people's trademarks -- don't they honor requests to remove ads that violate trademarks? Should they be more pro-active than that? Maybe that's a discussion for another thread...

[jcoronella]

dirkz, why would anyone want to even risk google being mad at them? I'd drop the name. I don't think you have a legal leg to stand on (nor the bank account to buy one) - but of course, I'm not a lawyer - nor your banker.

[GoogleGuy]

dirkz, I'm pretty biased on this one, but I've seen a few people register for-profit businesses with "google" in the domain, and I personally think it's kinda rude. I also see emails when confused users believe that googlewhatever.com is associated with Google. It causes unhappy users, confusion, etc. etc. My personal advice would be just to grab a different domain name and write to people that link to the old domain and ask them to change their links.

[allanp73]

Googleguy is right. I would be upset if someone started using my trademark to generate profits. Basically the site would be a competitor which is abusing the branding associated with the trademark. If you for example offer marketing services for Google. Then I would recommend get a marketing name for the URL and just state that your site offers this services and is in no way connected to Google. This should be the first thing you should do with your current googlewhatever.com site in order to prevent future confusion and prevent preceived abuse.

[IITian]

dirkz,

I am with GoogleGuy here. I am no lawyer but I think you will lose the case if it is contested. In the rare event that you win the case, Google will just ban your site and it will disappear from Google searches. What will you do then?

Your goal is to come up high when people are searching for certain phrases that include Google and you can achieve that by spamming, er I mean SEO, without having Google in your domain name.

[dirkz]

Ok, thanks for all the messages :)
You have convinced me. I have removed all the for-profit stuff from the site, I will put some tutorials about seo on the pages later. I hope that a non-profit domain with google in it is allright.
Thanks for your opinions!

[MonkeeSage]

Are there people searching Google for "google"?!? How could a site possibly do better with the "google" in the domain name?

Jordan

[BigDave]

A Google is required *by law* to protect their trademark, or risk losing it, and you are a for-profit entity, you should take GoogleGuy's advice and CYA before the suits find you.

Once you get your content moved and get all the incoming links changed, you might consider offering to transfer the domain name to google just to make sure you are completely in the clear.

[Chndru]

Are there people searching Google for "google"?!? How could a site possibly do better with the "google" in the domain name?

when someone from MonkeeSage-widgets-for-free.com emails your customers?

[MonkeeSage]

when someone from MonkeeSage-widgets-for-free.com emails your customers?

I don't understand...

Ps. I wasn't meaning to condon or defend the practice (I think it is wrong), I just don't understand why anyone would do it. It can't actually help get a better placement in the SERPs unless people are searching for "google," using Google, right?

Jordan

[dirkz]

Yes Jordan, there are a lot of people using google to search for keyword phrases containing google. To name a few, imagine "google rank" or "optimize google" (just examples, haven't checked them). And since google won't write about "optimizing google", I bet you'll hit mostly websites not from google.

[MonkeeSage]

dirkz:

Ah-ha...multiple keywords...where was my brain!? I just couldn't get my mind around someone going to Google and typing in "google", hehe. But "google rank" or something like that...that makes perfect sense. Thanks for explaining. :)

Jordan

[ogletree]

What if I had a product called Google Eyes. That is an old term. I can make a site with pictures of people with weird eyss. Actually googleeyes.com is for sell.

[dirkz]

Mosley700,

thanks for your pointer to gigalaw. Very interesting articles. Should have read this before. I hope that my site is now allright, changed it to be completely non-profit.