Google came out victorious in a cybersquatting case against the owner of googblog.com. Just who owned googblog.com? A 17-year-old boy named Herit Shah from Gujarat, India. Google filed the dispute through the World Intellectual Property Organization (“WIPO”), claiming that googblog.com is confusingly similar to Google’s trademarks.
Further, Google uses ‘GOOG’ as their NASDAQ financial stock ticker since 2004. Google claims trademark rights to the term ‘Google’ as far back as 1997.
Google’s domain name dispute lawyer got Shah to admit “I was in a bad faith that i can legally keep the domain googblog.com but when i kept myself in the place of google i understood i really did very unfair to google. since two weeks i have been trying to delete the domain googblog.com, but i am unable to because godaddy has put my domain on hold, on your consent godaddy may delete the domain or unhold it. I sincerely apologise to Google for infringement, misuse of their intellectual property (GOOGBLOG.COM).”
Pre-litigation negotiations between the Google and Shah failed. Google was only victorious when it was forced to file the Complaint through WIPO. That’s why it’s critical to discuss domain name disputes early with your domain name dispute attorney. See Google Inc. v. Herit Shah
Case No. D2009-0405.
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Showing posts with label Google Adwords. Show all posts
Showing posts with label Google Adwords. Show all posts
Friday, May 29, 2009
Tuesday, May 12, 2009
Google Faces Class Action Lawsuit for Trademark Infringement Over Adwords
On May 11, 2009, a Texas trademark litigation attorney initiated a class action lawsuit against Google, Youtube, AOL, and Turner Broadcasting System for trademark infringement. The Class Representative is a small software company in Marshall, Texas, called Firepond. The jist of Plaintiff's Complaint alleges that Defendants are infringing Plaintiff's trademarks by selling Plaintiff's trademark words in Adwords. For example, “Firepond” is one of the terms that were bid upon by Plaintiff’s competitors. When an individual searches for the term “Firepond” in a Google search, an Adword advertisement of one of Plaintiff’s competitor’s appears at the top of the search. This is not the first time Google has been sued for trademark infringement because of its Adwords sales. However, this is the first time it’s been in the context of a class action lawsuit.
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