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Google Trademark Infringement?

Found a site using google in domain name - is this an infringement?

         

futuresky

5:19 pm on May 7, 2003 (gmt 0)

10+ Year Member



I've just found a site which uses the word google as the start of its domain name. Can't PM googleguy as he has stickmail off at the moment and I don't think I can mention a specific site here because of board rules, but if Googleguy would like to know the domain I'd be pleased to pass the details on somehow.

bird

5:47 pm on May 7, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It's extremely likely that they already know about it. In fact, the owner of the most prominent and critical site that matches your description is a member of this forum here, and GoogleGuy has engaged in several friendly discussions with thim about various topics, fully aware of the fact.

There are several other such domains around, usually presenting some fun tricks with and around Google. I suspect that Google will only step in if such a site either is a competitor, or hinders their own business in some other way. Of course, you'd have to ask them directly about this to be really sure...

EliteWeb

5:56 pm on May 7, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



No worries to report it, each company who goes after sites which infrindge upon each owns trademark knows how to hunt people down and threaten them. I get enough letters from corporations advising me to give up my domain to them, they send me papers all day and night :D

gpmgroup

6:01 pm on May 7, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There are well over a 1000 domains in the international TLDs (.com.net.org.info.biz) alone with the word "google" in part of the domain

Chris_R

6:14 pm on May 7, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Google has been pretty good with this. They haven't gone after every site with the name google in it, but at the same time are vigorous in defending their trademark with google.tld and I believe I saw some udrp cases with typeos.

There are companies that try to use their trademark protection to suppress free speech and parody, but google doesn't seem to be one of them.

And of course, I agree with the other writers - google is well aware of these domains.

Kackle

6:27 pm on May 7, 2003 (gmt 0)



Sure, go ahead and report it. But you're wasting your time if it's the "watch" site I think you're referring to.

If the defendant wins the arbitration, they can probably get Google declared to be a "reverse domain name hijacker" by the arbitrator. Even short of this, the publicity of Google going after this particular domain would surely be enjoyed by this site.

In U.S. law, as well as in the domain name arbitration process, it is recognized that the infringing mark has to be "confusingly similar," and also has to be used in commerce. In the arbitration process, it also matters whether the infringer acquired the domain under bad faith, such as having it parked with the intention of making a profit from resale.

This "watch" site has an iron-clad case. Their domain is not all that similar, being a dot-org instead of a dot-com, for one thing. Furthermore, a legally-recognized, tax-exempt nonprofit owns the mark, one which has a long history of trenchant social criticism. Finally, the mark is being used by this nonprofit in good faith for purposes of criticizing Google.

We have this thing called the "First Amendment" in the U.S., you see.