Page 1 of 2 12 Last
  • Jump to page:
    #1
  1. Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Sep 2003
    Posts
    144
    Rep Power
    16

    Domain name infringement email from google


    Hi

    I have a domain name with keyword google in it, got the domain about a year ago, never did much with the domain.

    But i just received this in the email,

    Dear Sirs:

    Google is the owner of the well-known trademark and trade name GOOGLE, as well as the domain name GOOGLE.COM. As you are no doubt aware, GOOGLE is the trademark used to identify our award-winning search engine, located at http://www.google.com. Since its inception in 1997, the GOOGLE search engine has become one of the most highly recognized and widely used Internet search engines in the world. Google owns numerous trademark registrations and applications for its GOOGLE mark in countries around the world.

    Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for online computer services and a wide range of goods. As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value.

    You have registered, without Google's permission or authorization, the domain name "my domain name" (the "Domain Name"). The Domain Name incorporates the famous GOOGLE mark in its entirety, and, by its very composition, suggests Google's sponsorship or endorsement of your website and correspondingly, your activities.

    Because the GOOGLE mark is famous, it is protected by the federal anti-dilution statute from users that are likely to dilute the distinctiveness of the mark. Your use of a Domain Name that incorporates the famous GOOGLE mark in its entirety constitutes trademark infringement and dilution of Google's trademark rights and unfair competition. Your use of the Domain Name is diluting use because it weakens the ability of the GOOGLE mark and domain name to identify a single source, namely Google. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google's services and trademarks, in violation of Section 43(c) of the Lanham Act.

    Your registration and use of the Domain Name is clearly designed to appropriate the goodwill associated with the famous GOOGLE mark in violation of the Anticybersquatting Consumer Protection Act ("ACPA"). Because you are using a Domain Name that incorporates the famous GOOGLE mark to direct Internet traffic to your commercial website, your bad faith intent to profit from our mark is manifest. Please note the ACPA provides for damages of up to $100,000 per domain name.

    Your registration and use of the Domain Name is also actionable under the Uniform Dispute Resolution Policy ("UDRP"). Because you are using the Domain Name to attract Internet users to your website for commercial gain, your actions meet the bad faith criteria of Section 4(b)(iv) of the UDRP. Under similar circumstances, Google has prevailed in numerous UDRP actions. These decisions are located online at http://www.icann.org/udrp/udrpdec.htm.

    In view of your infringement of our rights, we must demand that you provide written assurances within 14 days that you will:
    1. Immediately discontinue any and all use of the Domain Name;
    2. Take immediate steps to transfer the Domain Name to Google;
    3. Identify and agree to transfer to Google any other domain names registered by you that contain GOOGLE or are confusingly similar to the GOOGLE mark;
    4. Immediately and permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution.

    Sincerely,

    The Google Trademark Enforcement Team



    I guess google is cracking down on everything before the IPO,
  2. #2
  3. Contributing User
    SEO Chat Adventurer (500 - 999 posts)

    Join Date
    Apr 2004
    Location
    Texas, USA
    Posts
    552
    Rep Power
    15
    I'd at least try to recover registration fees from them. I doubt you'll get them, but hey, it's worth a try!
  4. #3
  5. Contributing User
    SEO Chat High Scholar (3500 - 3999 posts)

    Join Date
    Mar 2003
    Location
    Louisiana, USA
    Posts
    3,874
    Rep Power
    23
    There are tons of domain names with the word google in them. I wonder if they are only picking on a select few or if they plan to go after them all.
  6. #4
  7. Contributing User
    SEO Chat Adventurer (500 - 999 posts)

    Join Date
    Jun 2004
    Posts
    772
    Rep Power
    15
    how is xgoogle.com still around, I wonder?
    Get Relevant Links! Buy Links from the TextLinkBrokers!
    Building Quality SEO Blog - Editors Wanted | Free SEO Tools
  8. #5
  9. Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Apr 2004
    Posts
    384
    Rep Power
    15
    For that matter, how is booble still around - they are seriously degrading their name. Using the color scheme and everything. The only difference is the o's look like boobs.

    I know google tried to put a stop to them but were unsuccessful.
  10. #6
  11. No Profile Picture
    Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Jan 2004
    Location
    UK
    Posts
    252
    Rep Power
    16
    Originally Posted by dazzlindonna
    There are tons of domain names with the word google in them. I wonder if they are only picking on a select few or if they plan to go after them all.
    Googlewatch.com for example? However I think the key statement here is:

    Because you are using a Domain Name that incorporates the famous GOOGLE mark to direct Internet traffic to your commercial website, your bad faith intent to profit from our mark is manifest.
    Whereas GoogleWatch is clearly a consumer comment site, and booble can argue that it is satirical. N.B. I'm not sure how well satire works as a defense in the USA but it's possible to use it in the UK - but I'm not a solicitor (lawyer) so don't take my word for it :-)

    Regards, S
  12. #7
  13. No Profile Picture
    Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Jun 2004
    Posts
    146
    Rep Power
    15
    I'm guessing that if you are using the domain name as another search engine that is in competition with Google and possibly making money off of it, they have a case against you.

    The best suggestion is to talk with a lawyer (if you REALLY want to keep it).

    If it's not THAT important, just give it to them. Google's pockets are too deep, and they WILL fight against you if it threatens their trademark.

    I'm not exactly sure about this, so if I'm wrong, please correct me: If the person/company does not actively protect their trademark, and the trademark gets used by so many other entities, there is a possibility that the trademark holder will lose the trademark. Is this correct?
  14. #8
  15. Wine Geek
    SEO Chat Good Citizen (1000 - 1499 posts)

    Join Date
    Oct 2003
    Location
    Cave Creek, AZ
    Posts
    1,303
    Rep Power
    19
    Originally Posted by timothy911
    For that matter, how is booble still around
    Viewer sponsorship.

    :-D

    Just like PBS...

    In all seriousness, I thought it is currently a matter being pursued by Google...the court may have not granted a stay since Booble can be considered satirical.

    Cygnus
  16. #9
  17. No Profile Picture
    Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    May 2004
    Posts
    337
    Rep Power
    15
    hi guys, I find something interesting here about this issue, your email maybe not true, please take a look at this:
    http://www*goegel*be/trademark.html
  18. #10
  19. Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Sep 2003
    Posts
    144
    Rep Power
    16
    hot how funny
  20. #11
  21. No Profile Picture
    Registered User
    SEO Chat Explorer (0 - 99 posts)

    Join Date
    Mar 2005
    Posts
    1
    Rep Power
    0

    Bisoogle.com / Realoogle.com - I got the same e-mail from Google


    I got the same e-mail from Google about trademark infringement and I also talked on the phone with Bob from Booble.com. I have not handed over my 5 google sounding domain names even though Google threatened to fine me up to 500K. I have talk to my circle of influence and a few guys that have since mentioned it to lawyers and they say I am in no violation of trademark infringement unless I do something diliberately to desiguise myslef as google or promote myself as being affiliated with them. Also, I have compiled a list of 20 websites with the word "google" in the domain name or implied in some way shape or form. They are all currently functional!

    Any thoughts comments or suggestions are welcomed!

    google-watch.org

    googlefight.com

    googleguide.com

    googlewhack.com

    googlism.com

    googlerankings.com

    google-ipo.com

    pornoogle.com (adult site. you have been warned ;) -PK)

    compoogle.com

    gizoogle.com

    booble.com (adult site. you have been warned ;)) -PK)

    bizoogle.com

    googlecommunity.com

    logoogle.com

    ooglenoogle.com

    goggle.com

    elgoog.nl

    poodle.com

    googlemania.com

    watchinggooglelikeahawk.com

    By the way, some of these sites are definitely profiting from there existance and continuing operations.
    Last edited by pk_synths; Mar 10th, 2005 at 03:11 PM. Reason: No live links.
  22. #12
  23. au courant
    SEO Chat Adventurer (500 - 999 posts)

    Join Date
    May 2004
    Location
    Florida
    Posts
    761
    Rep Power
    15
    Originally Posted by notanotherseo
    Dear Sirs:

    You have registered, without Google's permission or authorization, the domain name "my domain name" (the "Domain Name"). The Domain Name incorporates the famous GOOGLE mark in its entirety, and, by its very composition, suggests Google's sponsorship or endorsement of your website and correspondingly, your activities.
    Unless I missed it, why don't you tell us what your domain is rather than censor it with "The Domain Name?"


    Also, isn't http://www.gizoogle.com in a similar violation? They're using the Google name for personal gain though don't have the Google name in its entirety in it.
    Last edited by SEO_AM; Mar 10th, 2005 at 09:22 PM. Reason: Removed live link
  24. #13
  25. Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Sep 2003
    Posts
    144
    Rep Power
    16
    this thread has come back to life, i already transferred the domain http://googlebrain.com/

    has yahoo ever chased domains like

    http://www.yahoowars.com
    Last edited by SEO_AM; Mar 10th, 2005 at 09:23 PM. Reason: Removed live links
  26. #14
  27. Contributing User
    SEO Chat Skiller (1500 - 1999 posts)

    Join Date
    Apr 2004
    Posts
    1,547
    Rep Power
    21
    Hi notanotherseo,

    I just had a look at the IA copy (http://web.archive.org/web/20031204155652/http://www.googlebrain.com/) of your former web site and I have a few questions I hope you will sahre your views on.

    1. If you had made the "GoogleBrain.com : This site is not affiliated with or sponsored by Google" more visible and prominent do you think it would have been enough to keep Google at bay?
    2. If the website hadn't been a search interface would that have been enough?
    3. If you could have done this all over again what would you have done differently, in order to avoid action by Google?

    Thank you.
    Last edited by SEO_AM; Mar 10th, 2005 at 09:25 PM. Reason: Removed live link
  28. #15
  29. No Profile Picture
    Contributing User
    SEO Chat Discoverer (100 - 499 posts)

    Join Date
    Aug 2004
    Location
    UK
    Posts
    222
    Rep Power
    15

    Angry Where to report?


    hi guys and gals - sorry to jump on the bandwagon here - but we have a problem with domain name infringments too. We just discovered a chinese company who registered and uses the domain www.corinthiahotel.com while ours is www.corinthiahotels.com and is also targeting keywords related to our individual hotel names. Problem is these guys are then selling our competitors!!

    Anyway the gist of my question, if anyone can help, is where do I report a complaint? I tried ICANN.org and Internic.net but both seem to be down. Any suggestions? Please pretty please?
    Last edited by Jasontnyc; Mar 11th, 2005 at 08:51 AM. Reason: removed live links
Page 1 of 2 12 Last
  • Jump to page:

Similar Threads

  1. Replies: 6
    Last Post: Feb 14th, 2004, 06:18 PM
  2. New domain for Google?
    By cnxnet in forum Google Optimization
    Replies: 2
    Last Post: Feb 5th, 2004, 02:21 PM
  3. Interpretation of what is happening in Google
    By Howard Metzenberg in forum Google Optimization
    Replies: 26
    Last Post: Dec 7th, 2003, 05:53 AM
  4. I just received a Google Dance Alert Email ...
    By extremee in forum Google Optimization
    Replies: 3
    Last Post: Mar 19th, 2003, 11:47 AM

IMN logo majestic logo threadwatch logo seochat tools logo