Booble has now responded to Google's request that Booble.com be handed over to Google.

Here is a copy of their letter to Google which was sent earlier today:

===============================
Dear Trademark Enforcement Team,

We are intellectual property counsel to Guywire, Inc. This letter responds to your e-mail message of January 20, 2004 to our client via domains by proxy.

As your communication recognizes, our client adopted and uses the BOOBLE and booble.com designations to parody the Google web site. Our client's web site is in fact a successful parody, which simultaneously brings to mind the original, while also conveying that it is not the original. See, e.g.,Jordache Enters., Inc. v. Hogg Wyld, Ltd., 828 F.2d 1482, 1486 (10th Cir. 1987) (finding no likelihood of confusion between LARDASHE for oversized jeans, despite its obvious similarity with, and parody of, the well-known JORDACHE mark for jeans). Cf. People for the Ethical Treatment of Animals v. Doughney, 263 F. 3d 359 (4th Cir. 2001) (finding a domain name parody was unsuccessful because Internet users had to view the web site before they were able to discover that it was not the original). Obviously, the Booble web site brings to mind the Google web site, at the same time that it underscores its unique identity as a parodic adult search engine.

In trademark law, parody is a defense to trademark infringement. Eveready Battery Co. v. Adolph Coors Co., 765 F. Supp. 440 (N.D. Ill. 1991) (holding that a commercial advertisement of a well-known actor in a bunny outfit, banging a drum, was an effective parody of the plaintiff's mechanical toy rabbit advertising character). In the present case, consumers are highly unlikely to be confused as to the source of services for several reasons, including the following:

1. the domain names are entirely different;
2. the BOOBLE web site searches only provide content related to Adult web sites, including TGP sites, Adult stores, and Adult-related products like browser cleaners, pop-up filters, etc.; and
3. the BOOBLE mark is distinct from the GOOGLE mark in that it differs in sound, appearance, commercial impression, and other relevant aspects:
1. it features a woman's chest;
2. it uses the phrase, 'The Adult Search Engine;'
3. it posts a warning that the web site contains explicit content; and
4. it disclaims any association with Google.com.


Neither does the Booble trademark dilute Google's mark. First, the capacity of the GOOGLE mark to identify and distinguish its services is unchanged by Booble's use of its mark. See, e.g., Moseley v. V Secret Catalogue, Inc., 537 US 418 (2003) (requiring proof of actual dilution). In addition, Booble does not tarnish the Google mark. See, e.g., L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26 (1st Cir. 1987) (finding that a sexually explicit parody of appellee's catalog did not constitute tarnishment). Moreover, Booble's web site is an adult search engine, not 'a pornographic site,' as referred to in your letter. In fact, entering the terms "porn" and "sex" in the Google search engine return 98,400,000 hits and 269,000,000 hits, respectively, while entering these same terms in the Booble adult search engine return 268 hits and 291 hits, respectively. Therefore, the Google mark - which has a longstanding association with pornographic terms and material - is obviously not tarnished.

In your letter, you refer to the Supreme Court decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (holding that a commercial parody may qualify as a fair use and is not presumptively unfair). As you may have recognized, this is a copyright case. Although some analytic similarities exist between copyright and trademark parody cases, Google neither claims copyright infringement in its letter, nor is any relevant portion of its web site copyrightable. Lotus Dev. Corp. v. Borland Int'l, Inc., 49 F.3d 807, 815 (1st Cir. 1995) (holding that literal copying of a computer command hierarchy does not constitute copyright infringement because it is an uncopyrightable method of operation). Therefore, while we feel that Campbell adequately supports the legality of Booble's parodic web site, we believe your reliance thereon is somewhat misplaced.

Finally, we note that Google does not object to numerous registered domain names and web sites, including the following few samples:

1. <www.booble.be/v2/index.php>
2. <www.elgoog.nl>
3. <www.elgoog.de>


Since the law does not appear to support Google's position, we ask that Google reconsider its objections and accept the Booble web site in the spirit that it was intended - as a parody. We hope that these comments will permit you to now close your file on this matter. However, if you wish to discuss it further, please feel free to contact the undersigned.
===============================

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

quote:

entering the terms "porn" and "sex" in the Google search engine return 98,400,000 hits and 269,000,000 hits, respectively, while entering these same terms in the Booble adult search engine return 268 hits and 291 hits, respectively.

It seems that google really doesn't have a leg to stand on. However, if vast amounts of money and a good celebrity lawyer wins this dispute, where will it end?

Damn - imagine the traffic booble.com will make from this. I need a scandal like this to earn that kind of traffic ! Perhaps I could open - foofle.com loolle.com kookle.com maybe poople.com - hehehehe!

All I can say is that the law seems cut and dry - but it's presentation of it bya lawyer that accounts for those verdicts that seem to go against all logic. So who knows! All I know is that booble is a hell of a close thing to google .

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Yes, google is close to booble.

But of the top of my head, I can think of 4 parodys of the sgt. pepper album cover, did 'The Mothers' tarnish The Beatles reputation? I think not. The art of good design is to draw on contemporery design itself. Google and Booble are similar. Surely they (in fact, all of us) can happily co-exist. :-)

Next up:

Double Bubble Gum sues both Google and Booble for trademark infringement for using the same letters of the alphabet and the same number of syllables and sounding sufficently like their brand of bubble gum to raise reasonable doubt that 6 year old children might get confused...

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We had a similar problem. We made a parody T-shirt that showed a Lego-like parody of an anime figure from an anime called Akira, basically showing you how to build a Lego man and motorcycle. It was a joke, but Lego came at us. Obviously we're not going to get into a major legal conflict over one T-shirt, but we're getting our revenge. I told the lawyer for Lego that if they forced us to remove the shirt from our line, we'd make a George Bush "blockhead" Lego parody T-shirt that was, of course, very different from their designs. They come out in February ^_^ See them here:

http://www.jlist.com/jhome/p001.jpg

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Hi All,

moved on to the previous thread.

Thanks,

K

Maybe I should register:
moogle.com
mountainoogle.com
mountaineagleoogle.com
or something like that!
Let it go GOOGLE!
There is no sane imagination of infringement!
YOU HAVE MUCH BIGGER "FISH TO FRY" RIGHT NOW!
Let me name a few:
That "Pigeon Rank" Page
Your going public
The Stanford Patent
Growing Public Discontent

By the way, Congrats on passing the recent public audit----
You are there, just wait on the economy --- Don't blow it now!

Just maybe;
You should; Replace your PUBLIC RELATIONS TEAM immediately!

Best Regards,
Ken

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I guess, by default they have "rights" on:

aoogle.com
coogle.com
doogle.com
foogle.com
hoogle.com
ioogle.com

and any iteration of ...oogle.com

I certainly hope that any of the Internationally Acclaimed Zoos don't register "zoogle.com"!

Ken

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*I am not an attorney: )*
To me it seems that whoever has the best lawyers will win. Don't confuse copyright with trademark: )

My attorney put it like this:
Logos and names = trademark
Content and work = copyright

Neither are really binding until the court case happens and they are proved.

You can copyright a cd with Sgt peppers music on it. The copyright office will issue a certificate. But if you try to sell it and someone calls you on it, you will lose the court case and the copyright you have will be rendered invalid, since there is prior art which was copyrighted.

The sgt pepper's example is probably a copyright example. The record company owns the copyright to the artwork and music. The label's name on the lower corner and back, and the Beatles name are trademarked (I think...).

If booble has competent attorneys google probably doesn't have much of a shot, unless they pay off the judge.

This is just my opinion, I could be remembering wrong. I always pay my attorney to think for me: )

The fact that Booble actually chose to post a disclaimer on their site to differentiate themselves from Google should probably be a sign that they're encroaching on Google's name.

It's not just the name but the name in association with a search engine that causes the dilution. If the same domain was used for something else it wouldn't raise the red flags.

And those Google guys used to be such a friendly bunch... They are turning into Microsoft arrogancy (mikerowsoft.com springs to mind ?)..

Have a laugh once in a while guys... protecting image / trademark fine.. But this is just silly.. it will cost them more money to pursue this then it will ever cost them in lost consumers who can't read and type booble instead of google...

Time for a new search engine.. one that can stay tru to the spririt of the internet and doesn't fold to big company american sueing b*llshit...

I wonder if my site and my domain would fall under this type of comedy? Oh well, parody or not, I will let the lawyers decide.

minstrel that is hilarious.

Perhaps Google's perspective on this matter may be to prevent some future, "non-adult search engine" from being created and using one of those similar names that so many others have mentioned..eg. moogle, loogle..whatever.... I don't think Booble presents any direct damage to Google BUT, I can see where down the road, they could possibly get stung. From that perspective, it would be prudent to attempt to close and lock the door now.... Will / Can they win this...Well after O.J. walked..anything is possible....PS...I'd be careful flaming Google when you have your website so openly posted with your posts...KIDDING...JUST KIDDING....

Gee I guess every business that is parodied on SNL, should get their lawyers to work too.

It's insane and I don't believe they'll actually win. Why? It is a parody, a very obvious one at that, and funny too. LOL

Their brand has been in no way diluted. Any loss of market share will be due to the recent loss of relevant searches and the lack of promotion by webmasters.

The link to Google will likely have no effect on the case, since they're simply linking to the parodied site (thus helping Google with yet another link.)

Should be interesting to see what happens...

Diana

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This whole google/boogle thing reminds me of the day, during the recent Iraqi war, when the French ambassador left the UN with his two poodles and hailed a cab. The American cabbie had his own mutt in the front seat. The two French dogs took on the American. One said, haughtily, "My name is Mimi, M-I-M-I." The other said, holier-than-thou, "And my name is Fifi, F-I-F-I." The American mutt looked the two straight in the eye and said, "Well, my name is Fido, P-H-Y-D-E-A-U-X!"

It's a good thing the French ambassador couldn't speak Dog. I wonder if Google does?

Hal

To me this is just rediculous. The test should be whether an ordinary person would/could confuse the two. I think it would be fair to say the answer is NO. When I want to search for stuff, I go to Google.com, when I want to search for adult related material, I'll now go to Booble.com! ;-) No confusion on my part!

Those of you that have the Google toolbar installed will notice that the Google parody site has a Page Rank of 4 out of a possible 10.

FOr those of you that don't know, this is a means of Google to rate a site's "importance", and I think the argument (INAL) that by Google assigning some level of "importance" could be taken in some way an endorsement of it's value.

A search for "google" at booble returns no results, however a search for "booble" at google (I'm really glad I'm not trying to speak this...) returns 41,100 results.

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I'm going to start up oogle.com, a page to search for hot chicks for guys to oogle at.





Ok, just kidding..... ;-)

It's now up to 42,600. I just love to oogle the Google Booble count.

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I love it I love it I love it.
How did I not think of this.

While the overall look and feel of the two sites' home page is remarkably similar, I doubt if anyone would find Booble if they were not specifically trying to get to Booble.com and therefore would not knowingly mistake Booble for Google. Now if I register askaltayahooglepile.com ....

On one of our websites at
http://www.chocolatemouseballs.com
we made the mistake of saying that
our Chocolate Mouse Balls were the
worlds' finest. Well, it seems that
there is a company that has the right
to use this term when it comes to candy.
Not surprisingly, we received a letter
from their attorneys. Go to the site and
and see how we handled it.

Very clever!!! "Earths best" ha ha!

Doesn't this AUTOMATICALLY assume that Google accepts Booble?

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tsindos@tsindos.com
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If nobody was allowed to be close or similar to another domain name, then Network Soultions would be in big trouble. I guess nobody could use the words: goggle, giggle, gaggle, gargle, gurgle, joggle, gigolo, ogle, gogos, toggle, boggle, frugal, blah, blah, blah.

Peter

You've piqued my interest, but the site isn't up. Can you let us know when it is up?

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Sorry...too late. Oogle.com already exists. It redirects you to a hot leather site...and your virus protection will go crazy. But it is there.

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Ampacet Corporation
http://www.Ampacet.com

While we're on the subject, it isn't oogle.com you want anyway... it is ogle.com:

o·gle
v. o·gled, o·gling, o·gles
v. tr.
To stare at.
To stare at impertinently, flirtatiously, or amorously.

v. intr.
To stare in an impertinent, flirtatious, or amorous manner.

n.
An impertinent, flirtatious, or amorous stare.

[/spelling bee mode]

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I've been doing it wrong all these years...maybe that's why all those women keep slapping me.

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Ed Siegel - Business Information Manager
Ampacet Corporation
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A great drama unfolding.... Google's upcoming IPO makes it more interesting..!

Thanks WPW for watching it free.

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I would have gone for "The World's Finest Mouseballs"
or how about "The World's Biggest Chocolate Mouseballs"? or "The World's Tastiest Chocolate Mouseballs" - who's gonna argue?

You know the really funny thing is that I have never heard of Worlds Finest Chocolate but I had heard of the chocolate mouse balls before.

Alan

Wow, how much contortion can this case take before it breaks!
Talk about scaring the pants of creative individual entrepreneurs? Should I be awaiting a letter from the russian mafia next? Our domain is registered at setcorp.ca - when I found out about this case I was wondering about setcorp.ru and what they would do about us!!!
Oh Lament Lament Lament... poor billionaires... what to do with all that cash...I haven't gone to the site to see it for myself but I am guessing that we have had enough of this.

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Director Health and Safety,
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I think companies these days have waaayyy to much time on their hands...or a really bored team of lawyers.

I think Google should sue Goggle.com - one typo and BAM! you're onto a totally different site! Then they can up the ante by suing Giggle.com - that's only two characters off! And so on and so on...

Companies are much too sue happy these days. If they would only spend the money they spend on lawyers on R&D...

BTW, the Chocolate Mouse Ball Pool game looks delicious - there's nothing like eating chocolate after it's been played with and coated in dust, lint, hair, and more! :P

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There are loads of variations on the Google name doing the rounds. One can only wonder why they chose to pick on Booble especially. Is it because it's a search engine too? Or because the adult nature may harm Google's clean image?

Or is Google planning its own foray into adult search? They have that many projects in the pipeline: local, shopping, weather, maps, etc etc. Why not adult search as well?

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I always thought www.kanoodle.com was pretty darn close...

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where is the beautiful girl？









<a href=http://www.ebattery.com.au>laptop batteries</a>

That was absolutely hilarious! :)

Di
http://www.pagepartners.com

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Well, why is it not the other way around?

"Google should be made to give their domain name to Booble because it resembles their Name." (Food For Thought)

If Google can throw some money at it, then can get pretty much everything.

Think of Google as another microsoft in the making.

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how do you delete a post made from accidently double clicking?

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And for those of you who are home theater buffs: http://www.PlexHomeTheater.com

I think this is a hilarious letter. Does anyone remember microsoft trying to do the something similiar with some success with a company called Winblows?

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Google are kicking up a stink over an adult search engine that don't even remotely look like them!

And I just typed www.barneygoogle.com in my browser for a laugh and got another search engine!

For those of you who don't know, Barney Google was a comic strip character from the 20s. (Barney Google with the goo-goo googly eyes). Not even related to a search engine. If any1 should be getting snotty letters about trademark infringement it should be BG!

Unless of course they are trying to be like Ask Jeeves.

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DVH Design
Essex Web Design

I'm going to have to get me one of those shirts. Not the Bush thing ... the Japanese girlfriend. :)

Obviously nobody at Google can spell, which doesn't surpise me seeing as the name is remarkably similar to the noise babies make.

Arrogance, megolmania etc etc. Isn't it about time some of you political guys over there take similar action as against poor Mr Gates for unfair business practices.

Nice reply Booble!!!

98 million porns!! - Do no evil - soogle

Sour grapes jagger victim!!

I wonder if jiigle.com is taken yet?

It's easy for G to send a cease and desist, but are they willing to take the time and possible bad press to fight it? They may send out a letter to a bunch of websites and not actually fight it in court. Maybe Hugh Heffner would be willing to help you fight it if you put his bunny logo on your homepage, and write a story about booble in his magazine. I'm sure they have a staff of lawyers.

I don't see how they can win. It is obvious the named it booble because they wanted to have an adult search site. It is not a parady. It is an adult search site. The oogle in their name was used because Google has spent a lot of money branding the name Google. They are trying to benefit from Google branding. There is no way they can win this.

gotta love to oogle at the booble.

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