Company says it was using the slogan first.
A small web development company is suing GoDaddy over its “It’s Go Time” slogan, arguing that it started using the moniker well before GoDaddy adopted it.
Plaintiff The Easy Life, LLC runs GoWeb1. The company says it is actually a reseller of GoDaddy’s domain name services. It alleges that it has had the same account manager at GoDaddy and has been emailing newsletters to that account manager — including the It’s Go Time slogan – since at least October 2011.
GoDaddy applied for a trademark on “It’s Go Time” in 2013 on an intent-to-use basis, and started using the slogan shortly thereafter.
The plaintiff has filed multiple oppositions to GoDaddy’s trademark application.
GoWeb1’s website prominently displays “It’s Go Time” in a couple places, as you can see in the image. However, it may have ramped up this use after GoDaddy filed its trademark application. Archive.org is down at the time I’m writing this, but a Screenshot.com image from late 2012 doesn’t show the slogan on its home page. It shows up in the next screenshot at the end of 2013. The GoWeb1.com “It’s Go Time” slogan has a forward slanting font similar to the one GoDaddy is using.
The lawsuit (pdf) doesn’t have exhibits showing how the company has using “It’s Go Time” for its marketing.
The Easy Life argues that GoDaddy’s use of the term can “damage Plaintiff’s impeccable reputation”:
On information and belief, Defendant’s annual revenues exceed over one billion dollars. Defendant, with its vast resources, is well positioned to exploit and trade on the goodwill which Plaintiff has developed in the IT’S GO TIME mark, as well as damage Plaintiff’s impeccable reputation. Relevant consumers will come upon Defendant’s Services offered in connection with the IT’S GO TIME mark and will likely believe that such services are associated or affiliated with, or endorsed or sponsored by Plaintiff, which they are not. Indeed, viewership estimates of the 2015 Super Bowl during which Defendant broadcast an advertisement exceed 100 million viewers.
James D. says
There are two existing registered trademarks for the phrase in addition to Godaddy’s opposition pending application. What is interesting is how broad their requested coverage for the use of the term, including things like clothing, namely, men’s and women’s shirts, caps, and hats, scale model cars made of die-cast metal, etc. – 9 different international classes in all, if I’m reading it correctly. Worth a quick lookup on trademarkia. Meanwhile, It’s “Litigation” Time!
Andrew Allemann says
The clothing is probably to cover using the slogan on GoDaddy-branded swag.
Louise says
Looks like ItsGoTime.com is registered to a 3rd party via godaddy which sells energy drinks.
Meyer says
Considering Godaddy’s interest in the term, if I was the owner of ItsGoTime,com, I would get it out of GD. You never know if GD might grab it using some excuse like incorrect whois, etc.
Louise says
Here is a page within GoWeb1 archived at least since July 17th, 2012.
Godaddy should just BUY GoWeb1, because it has other nifty brands, such as, GoPak, imo
Louise says
http://goweb1.com/solutions.aspx
Joseph Peterson says
“It’s Go Time” is such a widespread tag line that, even in a nearly random sample of Sedo sales 2 weeks ago, I ran across another company – a fitness company – using it:
https://domainnamewire.com/2015/01/29/27-end-user-domain-name-sales/
Inevitable good ideas are not unique. Newton and Leibniz invented calculus simultaneously in different countries and languages; and their countrymen bickered over precedence for a generation. When something as elaborate as that can be devised twice at the same time by chance, the same can happen for a 3-word slogan.
Tony says
Why are we wasting our life sitting at computers and reading comments about GoDaddy infringing on trademarks.
Troy butler says
Peace I have Mr Keith Murray it’s go time domain name
jao says
the slogan should be
go daddy, go far away from me
terrible services, horrible speed, suport sucks