Company miffed that consumers may be confused by Good.co vs. Good.com.Good Technology Corporation, a mobility services company that uses the domain name Good.com, has sued (pdf) a career app and social network company using the name Good.co.
I suspect Good Technology Corporation is facing an uphill battle here. It uses a dictionary term with broad usage, and the arguments it makes in its case seem rather weak to me.
Defendant should have performed a trademark search before adopting the name Good.co. Had it done so, it would have discovered the GOOD Marks and that Good has been registering and using the GOOD Marks since 2001.
Apparently, the plaintiff doesn’t see a difference between the word “Good” and naming your company “Good.co”. The two are very different things.
It seems that the plaintiff is concerned that people who forget to type the “m” at the end of Good.com will end up at another company’s website, even if that other company offers a product that’s substantially different:
Defendant’s URL (www.good.co) differs from the URL for Good’s corporate website (www.good.com) by only a single letter. Internet users searching for information about Good’s company, products, and services can easily find themselves on Defendant’s website by simply failing to type the final letter. In fact, as of January 27, 2015, entering “Good.co” in the Yahoo!® search engine results in Good’s website – not Defendant’s website – being returned as the first result. Such fact could not reasonably have been lost on Defendant when it made the decision to change its business name from Manageup.Me to Good.co.
If you search on Google, Good.co comes up first.
While this is a legitimate concern for Good Technology, it can’t expect its generic brand to be protected in all top level domain names.
Good Technology Corporation alleges that Good.co changed its name to Good.co to capitalize on Good.com, even though Good.com really doesn’t compete as far as I can tell. Yes, they’re both tech companies that offer one or more apps. But the apps do vastly different things.
The federal lawsuit alleges trademark infringement, false designation of origin, cybersquatting and unfair business practices.
This story has been updated to better reflect the intention of the search engine complaint in the lawsuit.