Google Sends Cease and Desist to Booble

**rich_ord** · #1 (**permalink**) 01-28-2004, 10:19 AM

Google lawyers have sent a cease and desist email to Booble.com. They claim trademark violation and dispute Booble's claims that the site is simply a parody... which under law is protected free speech.

Here is a copy of the email sent to Booble:

========================

Via Email to: BOOBLE.COM
RE: Infringement of Google's trademarks and trade dress: http://www.booble.com (Our ref.: 4.614)
Dear Sir or Madam:

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.

Google has developed a distinctive layout and design for its Google website. Over the years since its inception, Google has invested considerable time and money establishing exclusive rights in this layout and design. By virtue of these efforts, the layout and design of Google's website are recognized by visitors as originating with Google. Google aggressively protects and polices its intellectual property rights, including the various trademark and service marks used for its search services and related goods and services, the distinctive trade dress used to present its services to Internet users, and the copyrighted material on its website.

We have recently become aware of your website at http://www.booble.com (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google's website, including Google's trade dress and the GOOGLE logo.

Your use of the Domain Name and corresponding web site constitutes trademark infringement and dilution of Google's trademarks and unfair competition under federal and state laws. Further, your improper duplication of Google's trade dress on the web site will mislead consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google's services and trademarks. Your registration and use of the Domain Name is in bad faith pursuant to the Uniform Dispute Resolution Policy ("UDRP") and is clearly designed to appropriate the goodwill associated with the famous GOOGLE mark in violation of the Anticybersquatting Consumer Protection Act ("ACPA"). In addition, you would not be able to demonstrate any rights or legitimate interests in the Domain Name because you are using it to tarnish the GOOGLE mark.

We note that you have given interviews to the press in which you state that you intended booble.com to be a parody. We dispute your assertion that your website is a parody. For a work to constitute a parody, it must use some elements of a prior author"s composition to create a new one that, at least in part, comments on the original author"s works. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569. Your website does not comment on the Google website at all; it merely uses the Google look and feel and a similar name for a search engine.

In view of your infringement of Google's rights, we must demand that you provide written assurances within 7days that you will immediately:

1. Disable the http://www.booble.com website and discontinue any and all use of the Domain Name;
2. Take 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 the GOOGLE or are confusingly similar to the GOOGLE marks;4. Permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution;
5. Immediately and permanently cease and desist from using the Google trade dress.

Sincerely,

The Google Trademark Enforcement Team

===============================

Rich Ord
CEO, iEntry, Inc.
www.iEntry.com

Note: iEntry is the parent company of WebProWorld.com.

ptellep · #2 (**permalink**) 01-28-2004, 12:41 PM

I find it REALLY hard to believe that any one could confuse booble with google - but then again some people are determined to set new lows for intelligence.

slimboy · #3 (**permalink**) 01-28-2004, 12:44 PM

I have to say that while I am not the biggest fan of Google at the moment and am not convinced that Booble could do any worse for producing relevant results than Google, it is a pretty blatant infringement of some sort (though one that did give me a chuckle).

I have to give the Booble-folks credit, if not for origionality, then for a fairly witty "parody" as they call it.

Google will win here and they deserve to. It's pretty blatant theft of their logo and site design.

bossmode · #4 (**permalink**) 01-28-2004, 01:03 PM

In view of your infringement of Google's rights, we must demand that you provide written assurances

Quote:

within 7days that you will immediately:

1. Disable the http://www.booble.com website and discontinue any and all use of the Domain Name;
2. Take 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 the GOOGLE or are confusingly similar to the GOOGLE marks;4. Permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution;
5. Immediately and permanently cease and desist from using the Google trade dress.

That's rubbish.

So google are say that no one can own: aooale.com, booble.com, coocle.com, doodle.com, eooele.com, foofle.com, hooahe.com, iooile.com, ,oooole.com, poople.com, qooqle.com,...

The only thing that google can demand is a redesign of the booble site so that it looks different from google.

Christian_SEO · #5 (**permalink**) 01-28-2004, 01:05 PM

Ahhh, doesn't parody have to be simular to be effective....?

If it was Toodle.com, a search engine for cute Teddy Bears, would it be such a problem?

Google should ingore this clever site or invest heavly and transfer all adult listings to them...

Booble - 1
Google - 0

And I really, really love Google!!

P.S. It is different from Google, anyone seen it that was confused...? that's not more vision empaired like I am..?

brainbridge_bcastle · #6 (**permalink**) 01-28-2004, 01:20 PM

Not to be a party pooper, but Google HAS to do this. Whatever they think of booble (or any other similar page), they can't just let them run around unchallenged.

It has to do with trademarks. In order to ask for trademark protection, one has to demonstrate that they've made the attempt to defend their brand identity. Band-Aid and Kleenex couldn't sue anyone for infringement because they've allowed their trademarks to come into common usage as the names of the product. People still stay away from them because they're scared of the big corporations, However, trademark law has many examples of companies that have tried to sue for infringement when a competitor used their brand name, only to lose because they hadn't been defending the name prior to that.

By taking this action, and having the documented evidence that they are making the attempt to defend their trademarks, Google is preserving their right to sue later.

hawkwind dave · #7 (**permalink**) 01-28-2004, 01:27 PM

Google. Are you trying to outlaw parody?

btreloar · #8 (**permalink**) 01-28-2004, 01:35 PM

Is it possible to reformat that email? Even with my resolution set at 1280x1024, I'm unable to make my browser window wide enough to include the entire line width on the screen.

Thanks!
Bill

Christian_SEO · #9 (**permalink**) 01-28-2004, 01:50 PM

I respect trademarks, but I think there are too many cases where something is simular, but different and attacked our of insecurity, not good legal standings or common sense.

Google should be proud of such a fine quality parody.
http://www.Booble.com is not a search engine, it's an adult search engine that has borrowed heavily from Google's design.

While "b" and "g" are near to each other, you cannot type one in and reach the other in error.

Google.com
Booble.com
bllb.e

See, the third one is my shifting my fingers to the lower row of the keyboard. I could not mis-type the url and ge taken to the site by accident...

Now if I was Google I would first be very flattered, then I would try to communication with the "offender".

Maybe someone would like to explain in court the Google Page Rank of 4 that the site has...?

voodooboy · #10 (**permalink**) 01-28-2004, 02:04 PM

Quote:

Originally Posted by btreloar

Is it possible to reformat that email? Even with my resolution set at 1280x1024, I'm unable to make my browser window wide enough to include the entire line width on the screen.

Thanks!
Bill

It is Bossmode's post. Some people don't know how to use the spacebar.

As for me I am always typinb the "b" key instead of the "g" key. So it bets on my nerves all the time when I try to type in booble.com and keep betting booble.com. This forum is breat! I bet a kick out of you buys.

janeth · #11 (**permalink**) 01-28-2004, 02:42 PM

I have to agree with bossmode

Quote:
within 7days that you will immediately:

1. Disable the http://www.booble.com website and discontinue any and all use of the Domain Name;
2. Take 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 the GOOGLE or are confusingly similar to the GOOGLE marks;4. Permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution;
5. Immediately and permanently cease and desist from using the Google trade dress.

I would say a redesign but to order me to tranfer my name to I would not do it. If I was booble I would ride it out. There becoming famous just because of google getting upset now.

If you had a porn site I think it would be money well spent to run an add on Boogle now.

timmathews.com · #12 (**permalink**) 01-28-2004, 02:51 PM

I used to own googleshop.com and shopgoogle.com. I was trying to use thier name to drive traffic. Everything was fine until I submitted them to Google.com. They went off on a wobley like they did to the above. I did not hand over the domains, I just turned them off and let them expire.
Heh...

rblakemore · #13 (**permalink**) 01-28-2004, 03:51 PM

Has anyone seen - http://www.alltooflat.com/geeky/elgoog/ ?

Is is also a GREAT parody of Google?

I see nothing wrong w/Booble.com and would love to purchase a few items from http://www.cafeshops.com/booble , but my wide would KILL me!!

OneMoreBite · #14 (**permalink**) 01-28-2004, 04:29 PM

Thanks to Google now we all know about Booble.com. I like the name, I like their logo, I just plain think it's funny in fact.

This seems to be a common way of getting attention and in this case it's working. Let's wait and see if the news reports it - in which case it'll be a great day for all things oogle.

Kathryn

Feynman · #15 (**permalink**) 01-28-2004, 04:34 PM

Quote:

Originally Posted by rich_ord

We have recently become aware of your website at http://www.booble.com (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google's website, including Google's trade dress and the GOOGLE logo.

The bold is the above paragraph is mine.

I fail to see where this sentence fits in the whole logic of things of that entire letter. It looks like a non-sequitur.

But is it ? This non-sequitur brings people to assume certain things. Booble's best attitude will be, of course, to assume *nothing*...

Fact is, Google sells top listings to the porn industry. Yet, nothing was mentionned about Booble "cutting into their business".

By riding Google's coat tail, Booble has the potential to become famous and indeed cut heavily into their market share of the business...

Trademark arguments have some validity, yet, I'm not convinced it's the whole story...

DosDog · #16 (**permalink**) 01-28-2004, 04:40 PM

Well, I don't want to go to bat for porn search sites, but the name doesn't seem a legal issue.... the looks are kinda plagiaristic though, I guess the look needs a change, a "we are not affiliated with Goggle" ought to do....

bossmode · #17 (**permalink**) 01-28-2004, 04:43 PM

Do sites like: http://www.googlecash.com get these warnings?

Or

Are they OK because they bring in lots of AdWord revenue?

xsurveys · #18 (**permalink**) 01-28-2004, 05:41 PM

I don't think it's a matter of booble.com being mistaken for google - but it really has the same layout. Not only that - but have you noticed how close the letter B and the letter G is on the keyboard? I think if booble hd a different layout perhaps they have a case - but this is pretty much a cheap spinoff! heheh

**rich_ord** · #19 (**permalink**) 01-28-2004, 05:55 PM

Booble has sent Google a letter denying they are violating the Google trademark. I've posted the letter in a new thread in this forum:

http://www.webproworld.com/viewtopic.php?p=67404#67404

That thread will be for discussion about Booble's response.

Thanks,
Rich Ord
CEO, iEntry, Inc.

Note: iEntry is the parent company of WebProWorld.com.

Txane · #20 (**permalink**) 01-28-2004, 06:47 PM

Google is right in one thing; booble should change the look & feel of its site so it doesn’t feels like Google or at least put a disclaimer noticing that they are an independent site and have no relationship with Google.

But that doesn’t mean that Google has rights over any domain name looking like its own. So they can’t demand this domain to be transferred to them.

fasteddie · #21 (**permalink**) 01-28-2004, 07:32 PM

mmm, so do you think yahoo and google will have a problem with one of the sites we run http://www.yahgle.com?

it was only a page we threw up to have quick access to different engines.

oh well suppose will have to see what happens if they ever see it

f

plato · #22 (**permalink**) 01-28-2004, 08:05 PM

Booble should tell them to suck eggs...Googy eggs that is...