A whopping UDRP and a strange reaction.
Google has filed a single UDRP case with National Arbitration Forum covering a whopping 763 domains. [Update: it won the case.]
The domains names include the word Google followed by common search terms, e.g.:
googleiphone4s.com
googlevolkswagengroup.com
googlescientology.com
googlesamsung.com
googledusseldorf.com
googlesalvador.com
googleducks.com
googlesaints.com
Many of these are “double trademarks” covering a Google trademark as well as another entity’s mark.
So, you’d probably figure that Chris Gillespie, the person who registered these domain names, would realize the gig is up and transfer the domains.
Nope. Instead he has filed with the U.S. Patent and Trademark Office to get Google’s trademarks canceled!
Seriously, this is how he explains it in his petition:
Petitioner is in the process of developing various affinity-based social networks that will allow users to interact with each other, and obtain content, products and services related to their affinity-community’s respective interests, including charity, lifestyle, shopping, dating/sex, travel, and health. Some of these affinity-based networks include The GLBT Network, The Jewish Network, The Christian Network and The Muslim Network. Each of these networks will have a number of websites relating to the affinity-community’s respective interests in various categories, including charity, lifestyle, shopping, dating/sex, travel and health. As part of these plans Petitioner has registered a number of domain names to be used in connection with bona fide offerings of goods and services.
Gillespie argues that Google has become a generic term and he has equal rights to use them in his domains.
I really don’t understand what he seeks to gain from this challenge. It’s not like Google is going to settle with him on the matter.
(via @lothar97)
Dave Zan says
It’s probably because he sees Google in a bunch of dictionaries, not realizing what they define Google as. But hey, he’s welcome to try.
Too bad he’s going to learn the hard, costly way.
Acro says
LMAO. One of the domains is GoogleSedo.com
UDRPtalk says
In spot checking a few names, they all display a make offer link atop which would seem to undermine his defensive stance.
Also, they all seem to be at GoDaddy.
Doesn’t GoDaddy charge an additional UDRP administrative fee of $30/domain which roughly amounts to $23,000? Can anyone here elaborate?
Andrew Allemann says
Looks like he’s using GoDaddy’s paid parking service.
Richard Saperstein says
Acro brings up something important. Who owns the rights to Googlesedo.com?
Google can claim they own the rights but what about Sedo? Sedo has the same claim to owning the rights.
So if google and sedo go to court who wins?
RaTHeaD says
i’d like to see him win… once google goes out of business it will free up the internet to become what it was created for. but that is highly improbable.
france06 says
Google December 31, 2010 Annual Report
http://investor.google.com/proxy.html
page 14
We also face risks associated with our trademarks. For example, there is a risk that the word “Google” could
become so commonly used that it becomes synonymous with the word “search.” If this happens, we could lose
protection for this trademark, which could result in other people using the word “Google” to refer to their own
products, thus diminishing our brand.
Dave Zan says
$29 or $30, but yes upon receipt of notice of a filed UDRP action.
Gaines Milligan says
I can’t imagine that if Kleenex isn’t generic that Google could be generic. It would be interesting if there could be a precedent formed if a company like Google tries to be all things to all people, becomes so ubiquitous that its brand becomes generic. I remember when Google was creating its index and checking stuff manually. One of my domains was registered with Google then and is still alive. Now seeing that Google is trying to automate everything and this I think will eventually lead to its downfall. Now matter how much one innovates, the interconnected world electronic brain eventually outsmarts everyone.
domain guy says
first of all with a second trademark involved other rights are involved so the domains will not be transferred.Other parties interests are effected..not only that googles ip legal squad should know this..not just file a blank udrp action.
Andrew Allemann says
@ domain guy – happens all the time. UDRP will have no problem transferring domains to one party that has a trademark in a domain.
David says
Aspirin anyone?