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Googles sues to remove Google trademark

Kids site claims "Google" infringes

     
4:14 pm on Jul 7, 2004 (gmt 0)

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[zdnet.com.com...]
Stelor Productions, the company that owns and operates Googles.com, said Wednesday it has initiated trademark proceedings with the U.S. Patent and Trademark Office against Google. The complaint is based on Stelor's belief that the search engine has begun infringing on its brand name.
6:59 pm on July 7, 2004 (gmt 0)

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Stelor Chief Executive Steven Esrig maintains that there is room for both companies to continue to operate successfully online, but he said that consumers will become increasingly confused if Google continues to build its business in the children's toy, clothing and book sector. Google does not market children's goods directly, but the search company's Froogle comparison shopping site offers links to sites selling many of the same kinds of products as those offered by Googles.com.

confused already ...

The executive said he wants Google to enter a partnership with Stelor, in which the search engine would point people seeking children's products to the Googles.com site.

You and me both :)

====

On a serious note, anyone else wanna file suit before the IPO?

actually maybe I should file a suit for having to put up with AdWordsAdvisor in the adwords forum...

Shak

7:01 pm on July 7, 2004 (gmt 0)

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The executive said he wants Google to enter a partnership with Stelor, in which the search engine would point people seeking children's products to the Googles.com site.

hmm/...

7:17 pm on July 7, 2004 (gmt 0)

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Nutter.
7:31 pm on July 7, 2004 (gmt 0)

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>>The executive said he wants Google to enter a partnership with Stelor, in which the search engine would point people seeking children's products to the Googles.com site.<<

...[chuckle]...

I wonder how he would like Googles.com to wind up on page 12,000 of the serps?

7:33 pm on July 7, 2004 (gmt 0)

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What a pipe dream.

Ack. Have you seen the Googles from Goo website?

7:35 pm on July 7, 2004 (gmt 0)

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It's pretty close acording to the wayback machine they started about the same time. Google was just a dorm room project and Googles was a real business. Googles may be much older offline. I don't know they may have a leg to stand on. Should be interesting.
7:37 pm on July 7, 2004 (gmt 0)

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On a serious note, anyone else wanna file suit before the IPO?

I think the serious people will wait until after the IPO.

7:40 pm on July 7, 2004 (gmt 0)

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You know, I could almost sympathise with the guy, but I realized that he bought the company in 2002, after google was huge. He bought it with the express intent and purpose of doing exactly what's happening.
7:44 pm on July 7, 2004 (gmt 0)

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If Googles.com were a large online company with a well known name, many people would think Google was in trouble or at least wonder how they could miss such an obvious stumbling block.

Alas, Googles is unknown so they come off as greedy buffoons...

8:01 pm on July 7, 2004 (gmt 0)

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It doesn't really matter what anyone thinks about it. The fact of the matter is that Googles filed trademark 10/19/98 while Google filed 9/16/99. Googles got registered status 4/02/02 and Google got it 1/20/04.

Googles' trademark predates Google's. If a judge decides that Google is selling itself as a possible purveyor of toys through its shopping search engine... Googles predates on all counts.

8:03 pm on July 7, 2004 (gmt 0)

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It doesn't really matter what anyone thinks about it.

Except the judge - who do you think can offer him a bigger bribe? ;)

8:07 pm on July 7, 2004 (gmt 0)

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Googles, which I never heard of, now has its 15 minutes of fame and $10,000,000 of free publicity - as this story is picked up and distributed through various channels - all for the mere cost of filing a civil action.

I think, in fairness, Googles should pay to Google at least $5,000,000 for the inherent value of the 'free' publicity that Googles otherwise would NOT have received 'but for' the famousness of the Google mark.

Seems only fair.

8:28 pm on July 7, 2004 (gmt 0)

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One thing googles.com will get is a lot of traffic that does not convert. They will get a ton of visitors that have no intention of buying anything. It would be interesting to know if they upgraded their infrastructure right before the law suit.
8:52 pm on July 7, 2004 (gmt 0)

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Good point hannamyluv.

>>>>Seems only fair.

Yes, in crazy backwards bizzaro world.

9:02 pm on July 7, 2004 (gmt 0)

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It doesn't really matter what anyone thinks about it. The fact of the matter is that Googles filed trademark 10/19/98 while Google filed 9/16/99. Googles got registered status 4/02/02 and Google got it 1/20/04.
Googles' trademark predates Google's. If a judge decides that Google is selling itself as a possible purveyor of toys through its shopping search engine... Googles predates on all counts.

This sounds right to me. For the many years that Google was simply a search engine there was no issue but now this may not be the case.

9:13 pm on July 7, 2004 (gmt 0)

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If you go to the googles.com site and check it out, you might notice they offer "goomail", a googles.com email account :)

I sure hope that doesn't infringe on any "gmail" trademarks.

9:20 pm on July 7, 2004 (gmt 0)

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Yes, in crazy backwards bizzaro world.

That would describe the world in which Googles claim would stand the test of merit, don't you agree?

9:33 pm on July 7, 2004 (gmt 0)

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Hmm, if I owned googles.com, I would sure get an adsense account and put a websearch form on my index page, might as well, you gotta click to enter their site anyway.
Judges seem notorious about ruling in favor of the better known name IE giving gateway.com to gateway when some poor guy had had it for ever, also vw.net was taken away from a software company and given to VW,
I'm sure there are plenty more examples.

Googles.com probably should have just kept quiet and made a little (or a lot) of money off their homepage and still have a big button that says "click here for googles toys"

9:35 pm on July 7, 2004 (gmt 0)

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"Legally, they have no right to be in the children's market, based on our properties," Esrig said. "This is why trademark laws were established: to help smaller companies like us that are in danger of being run over by larger companies like Google."

That a very strong position. This is how trademarks works, you can have a thosand differnt trademarks for the same name.. but each trademark company cannot infringe abound the others trademarks products or services.

Take NFl and NFLS for example..you cannot sell football related products on NFLS.

It's really quite simple , the problem here is that even though googles was first and owns distinct trademark , Google is now a powerhouse that can make proceeedings very expensive.

My bet is Google simply aquires Googles for a couple of million. Less expensive

9:58 pm on July 7, 2004 (gmt 0)

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> you might notice they offer "goomail", a googles.com email account :)

They actually had that in place in november 2002.
[web.archive.org...]

10:16 pm on July 7, 2004 (gmt 0)

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Jesus, I realy understand why europe are so scared to start a business in the USA, all the suing for this and that, lawyers everywhere, its a HUGE problem in the USA, I hope they will soon make some cahnges, but that would problaly never happen because there are so much money involved.

Get it toghther USA, you are such a great country, think more at building up a business, then destroy each others compaies.

zeus

10:35 pm on July 7, 2004 (gmt 0)

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I hope this unfortunate incident doesn't affect googles.com's ability to pass pr.

just be a shame is all..

:)

10:43 pm on July 7, 2004 (gmt 0)

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For the many years that Google was simply a search engine there was no issue but now this may not be the case.

For many years, Apple Computer did not get into the music business in any meaningful way. Now, they are infringing on Apple Records trademarks.

10:44 pm on July 7, 2004 (gmt 0)

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Get it toghther USA, you are such a great country, think more at building up a business, then destroy each others compaies.

lol, we're about to potentially elect a personal injury lawyer as the VP.

10:53 pm on July 7, 2004 (gmt 0)

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Jesus, I really understand why europe are so scared to start a business in the USA, all the suing for this and that, lawyers everywhere, its a HUGE problem in the USA
- zeus

Your basic point is interesting Zeus.

When I moved to the US, I was setting up a division of an IT company -- lawyers kinda breezed through my immigration and business setup process but spent hours of non-billable time running me through ways we can be sued/lose rights to our intellectual property if we didn't cover our buns with lots of paperwork done in a precise order.

You have to be here to truly appreciate the fear/respect/effect of litigation in the US...at least amongst the legal profession ;-)

11:00 pm on July 7, 2004 (gmt 0)

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Phrase that "A VP who represented people injured by the negligence or wilfull indifference of corporations, professionals and others who think it's not so bad, so long as they don't have a bad day."

Try having a bad life after you've been made a paraplegic by someone else's neglect. I know a few such people. No amount of money settles that score. Let's see if the wrongdoer would allow the victim to inflict the same injury on the perp or one of the perp's children. See how much money should be the 'damages cap' in that case. Let's see . . . "If my malpractice puts you in a wheelchair for life then the cap is $250,000". Yeah, that sounds fair.

Webwork, Esq.
Certified Civil Trial Webmaster

P.S. Okay. Who sent me off into this tangential rant? Some republican operative?

11:13 pm on July 7, 2004 (gmt 0)

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>>>>That would describe the world in which Googles claim would stand the test of merit, don't you agree?

Maybe. Depeneds on all the facts of the case.

I was pointing out your exaggeration and everyone's tendency to take Google's side, regardless of the facts.

If MSG 11 is true, then they may have a leg to stand on. If not, then they are probably just grubbing for money and PR.

12:28 am on July 8, 2004 (gmt 0)

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I wonder if Googles.com was #1 in the serps for "Googles" before the suit. Not that it's a highly competitive keyword it seems. It's followed by "swimming googles" and the news article "Accountant 'Googles' Himself, Sues for Libel." Haha.
1:02 am on July 8, 2004 (gmt 0)

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Webwork, lol, no not an operative but I think you are mistaking a simple statement with a political attack. I wasnít trying to make a political statement, Edwards was a personal injury lawyer, thatís just a fact.

My point is a big part of the reason we have so many lawsuits in this nation is our lawmakers are primarily from the legal profession. If congress was full of teachers, the teaching profession would be a lot better off and if it were full of farmers, agriculture would be a lot better off. I donít see that slowing down any time soon with a personal injury lawyer as VP.

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