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Google Kills Googlefone
Subject: Domain name infringement - googlefone.com
From: tmenforcement@google.com
Dear Sirs:
There's only one of me here. Do you have a name? If not, I can't recommend picking "Google" -- you end up getting nastygrams from robolawyers.
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.
No argument there.
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.
I wouldn't say it's incalculable. I would peg it at less than 1-followed-by-one-hundred-zeros dollars.
You have registered, without Google's permission or authorization, the domain name googlefone.com (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.
Did you miss the "This site is not affiliated with or sponsored by Google™" text at the bottom of the site's page?
Ah, what am I thinking -- of course you did. You're robolawyer, created to send nastygrams to all domain owners that match your regular expression. How efficient. And I know that you wouldn't be unethical enough to charge Google an hourly rate when you're mere automaton spidering the web.
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.
That's cool! I like how mere association with me drags Google's rep into the mud.
Robolawyers must be tough to break-up with. "Sally, I can't see you any more. My peer group may believe some association exists between us, which tarnishes my goodwill and reputation."
Your registration and use of the Domain Name is clearly designed to appropriate the goodwill associated with the GOOGLE mark in violation of the Anticybersquatting Consumer Protection Act ("ACPA"). Because you are using a Domain Name that incorporates the 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.
Way to scorch the earth! Seriously, would have it been so terrible to first send a note saying, "Hey, we're Google. We're desperately trying to not become the next Kleenex, so it would help us out if you changed your domain name. Sorry about that, here's a GMail invite to make up for it".
Because you're a robolawyer, I'll take this slow:
- The only commercial site googlefone.com directs traffic to is -- wait for it -- Google itself! In case you hadn't noticed, the entire purpose of the site is to hilight a very cool but underappreciated Google feature.
- I don't profit from the site. In fact, it has put me $27 in the hole for registrar fees. I don't expect robolawyers to understand human emotion, but the site was totally an act of love. Dude, you cut cupid.
Your registration and use of the Domain Name is also actionable under the Uniform Dispute Resolution Policy ("UDRP"). Under similar circumstances, Google has prevailed in numerous UDRP actions. These decisions are located online at http://www.icann.org/udrp/udrpdec.htm.
Blah, blah, blah, resistance is futile, blah, blah, blah.
In view of your infringement of our rights, we must demand that you provide written assurances within 7 days that you will:
1. Immediately discontinue any and all use of the Domain Name;
Written assurances. So that heavy breathing I left on your voice mail won't cut it?
So I took down the site. I was hoping the cool guys at Google would see it for what it is -- an attempt to highlight Yet Another Cool Google feature that doesn't have a real user interface. But I guess the cool guys have since been displaced by robolawyers. Suck.
2. Take immediate steps to transfer the Domain Name to Google;
Nah, I'm not going to do that -- that would cost me money. The registration expires inside 30 days -- I just won't renew it. You go and snag it up, though. You've done it before.
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.
I don't have any more domains with "google" in the title, and I'm getting my "I'm Feeling Lucky" tattoo removed next week.
Sincerely,
The Google Trademark Enforcement Team
I seriously doubt you have a sincere bone in your cyborg body.
Update: We get signal:
Dear Sirs:
Red Shed Software is the owner of the well-known last name of RENTZSCH, as well as the domain name REDSHED.NET. As you are no doubt aware, RENTZSCH is the name used to identify award-winning papers, software and wit located at http://www.redshed.net. The RENTZSCH style has become one of the most highly recognized in the macintosh developer community.
RENTZSCH has used and actively promoted its RENTZSCH mark for a number of years, and has invested considerable time and money establishing the respectability of the RENTZSCH mark for online computer services and a wide range of goods. As a result of its efforts, the RENTZSCH mark has become a notorious mark and a birth-right of incalculable heredity.
You have registered, without RENTZSCH's permission or authorization, the domain name RENTZSCH.com (the "Domain Name"). The Domain Name incorporates the infamous RENTZSCH mark in its entirety, and, by its very composition, suggests RENTZSCH's sponsorship or endorsement of your website and correspondingly, your activities.
Your use of a Domain Name that incorporates the famous RENTZSCH mark in its entirety constitutes slander and dilution of RENTZSCH's digital identity. Your use of the Domain Name is a diluting use because it weakens the ability of the RENTZSCH mark and domain name to identify a single source, namely RENTZSCH. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between RENTZSCH and you, which tarnishes the goodwill and reputation of RENTZSCH's services and dress sense.
Your registration and use of the Domain Name is clearly designed to appropriate the goodwill associated with the RENTZSCH mark in violation of the Anticybersquatting Consumer Protection Act ("ACPA"). Because you are using a Domain Name that incorporates the RENTZSCH 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"). Under similar circumstances, RENTZSCH 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 7 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 RENTZSCH;
3. Identify and agree to transfer to RENTZSCH any other domain names registered by you that contain RENTZSCH or are confusingly similar to the RENTZSCH mark;
4. Immediately and permanently refrain from any use of the term RENTZSCH or any variation thereof including potential offspring.
Sincerely,
The RENTZSCH Trademark Enforcement Team
Like Google, those Red Shed Software guys seriously need to lighten-up. Curiously, it appears the return address is from a certain Gorman Christian. He must be their boss or something. I seem to remember tangling with him before.
Thursday, February 17, 2005
12:00 AM
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