Trademark Question

mtheory · #1 (**permalink**) 12-29-2004, 07:45 PM

The Google name is trademarked but I'm curious as to how tightly a trademark status restricts usages of the name.

For example, can someone get the domain name "googlecars.com" and use it?

Can Google claim trademark infringement if the site(above) has nothing to do with the search industry?

How about variations of the word like "gagoogle"?

What if Google attains dictionary standing like Xerox has? They seem to be on their way.

Any insight would be appreciated.

coder · #2 (**permalink**) 12-30-2004, 02:34 PM

Google has sent a cease and desist to booble, so obviously they do consider names sounding the same as infringement.

Trademarks are for the most part by industry.
you can trademark acme paint company, and someone else next door can have acme pizza etc.

I don't see anything wrong with googlecars especially if it has to do with cars, but not a search engine on cars

clasione · #3 (**permalink**) 01-02-2005, 07:54 PM

Quote:

Originally Posted by Phantom

Google has sent a cease and desist to booble, so obviously they do consider names sounding the same as infringement.

Trademarks are for the most part by industry.
you can trademark acme paint company, and someone else next door can have acme pizza etc.

I don't see anything wrong with googlecars especially if it has to do with cars, but not a search engine on cars

When it's close like that it would be something that was decided by a court - a company has the right to dispute anything that could cause confusion for the consumer....

I wouldn't use it....

**jawn_tech** · #4 (**permalink**) 01-03-2005, 03:33 PM

I don't know if you've heard of this case...

Look at the Whois for "Googles".

They had the name first. They make products like toys and clothing for children. Google was apparently going to market some clothes, and when they applied to broaden their trademark to children's clothes, Googles stepped in and took them to court.

The issue of trademark also has a lot to do with same-services or market. ie: Delta Airlines, Delta Faucets, Delta Insurance... etc.

Boobles is a 'search engine' (supposedly), and apparently used a logo that resembled Google's at first. If Booble's was a car dealership, and used a unique logo, there would have been no problem.

Mac 5 · #5 (**permalink**) 01-04-2005, 11:14 AM

Copyright usually applies to a unique name per industry. Google would probably fight you on it anyway. They have many more resources than you do. Would you be prepared to hire a lawyer and fight them in court for it? How important is the name to you vs. how much legal costs could be involved in keeping the name.