German guy wins naming rights over Google. Finally the little guy wins one.

Discussion in 'OT Technology' started by Doc Brown, Jun 24, 2008.

  1. Doc Brown

    Doc Brown Don't make me make you my hobby

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    http://www.theregister.co.uk/2008/06/24/no_access_to_gmail_in_germany/


    "German businessman Giersch started using the name G-mail in 2000 to label his own physical mail service "G-mail...und die Post geht richtig ab". Google didn't launch its mail service until 2004.

    Google believed it could win back the name, but in 2006 a district court in Hamburg handed Giersch victories at both the preliminary and final stages of the litigation and Google was ordered to remove all Gmail references from its German service.

    Eventually German courts banned Google from all further attempts to wrest the rights to the Gmail trademark away from Giersch and Google also failed to win the right to register the term "Gmail" as a wide-ranging European trademark.

    Google says that the service itself remains unaffected"


    It pisses me off that Google could even have got past the first day in court on this.
    And :bowdown: to the German courts.
     
  2. deusexaethera

    deusexaethera OT Supporter

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    It's easy to win a case like this. All you have to do is be in the right.

    He owned the trademark first. End of case.

    Don't worry, in Europe, if someone sues you and loses, they have to pay your bill. Google just blew a few million dollars so its legal department could play with itself.
     
  3. Doomsday

    Doomsday XXX

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    little guys do win sometimes
    e.g. nissan motor corp vs that guy who owns www.nissan.com
     
  4. deusexaethera

    deusexaethera OT Supporter

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    Yeah, except Nissan knows there's no "loser pays" rule in the USA, and they're using that to their advantage. If you can't win, you can at least drive the guy into bankruptcy, right?
     
  5. Doc Brown

    Doc Brown Don't make me make you my hobby

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    I saw something similar to this last year here in the U.S.

    I wish I could remember the details, but some small shop that had been using it's family name in it's business name for a long time got forced out of it by one of the big companies that had come along afterwards.

    It got a small bit on it in the local paper here. I remember thinking how is this even possible?
     
  6. P07r0457

    P07r0457 New Member

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    Nissan USA was ordered by the court to pay Uzi Nissan $58,000 in legal fees.
     

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