Googles First Contact (September 7th, 2005)

 

Dear  Sirs:

 

Google is the owner of the well-known trademark and trade name GOOGLE, as well as the domain name GOOGLE.COM .  As you are no doubt aware, GOOGLE is the trademark used to identify our award-winning search engine, located at http://www.google.com .  Since its inception in 1997, the GOOGLE search engine has become one of the most highly recognized and widely used Internet search engines in the world.  Google owns numerous trademark registrations and applications for its GOOGLE mark in countries around the world.

 

Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for online computer services and a wide range of goods.  As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value.

 

You have registered, without Google's permission or authorization, the domain name(s) droogle.ca (the "Domain Name").  The Domain Name is confusingly similar to the famous GOOGLE mark, and, by its very composition, suggests Google's sponsorship or endorsement of your website and correspondingly, your activities.

 

Your use of a Domain Name that is confusingly similar to the famous GOOGLE mark constitutes trademark infringement and dilution of Google's trademark rights and unfair competition.  Your use of the Domain Name is diluting use because it weakens the ability of the GOOGLE mark and domain name to identify a single source, namely Google.  Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google's services and trademarks.

 

Your registration and use of the Domain Name is clearly designed to appropriate the goodwill associated with the famous GOOGLE mark in violation of the Anticybersquatting Consumer Protection Act ("ACPA").  Because you are using a Domain Name that incorporates the famous GOOGLE mark to direct Internet traffic to your commercial website, your bad faith intent to profit from our mark is manifest.  Please note the ACPA provides for damages of up to $100,000 per domain name.

 

Your registration and use of the Domain Name is also actionable under the Uniform Dispute Resolution Policy ("UDRP").  Because you are using the Domain Name to attract Internet users to your website for commercial gain, your actions meet the bad faith criteria of Section 4(b)(iv) of the UDRP.  Under similar circumstances, Google has prevailed in numerous UDRP actions.  These decisions are located online at http://www.icann.org/udrp/udrpdec.htm .

 

In view of your infringement of our rights, we must demand that you provide written assurances within 7 days that you will:

1. Immediately discontinue any and all use of the Domain Name;

2. Take immediate steps to transfer the Domain Name to Google;

3. Identify and agree to transfer to Google any other domain names registered by you that contain GOOGLE or are confusingly similar to the GOOGLE mark;

4. Immediately and permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution.

 

Sincerely,

 

The Google Trademark Enforcement Team

 

 

 

 

 

 

Our Response (September 8th, 2005)

 

 

Dear GTET,

 

I'm sorry you feel we are infringing on  your trademark. We feel

Droogle is a parody of, and at the same time homage to Google, the

site many of us know and love. This really highlights the sad state of

affairs trademark law is in.

 

We believe Droogle.ca has an adequate disclaimer which is located at

the base of every page on the site stating explaining or relationship,

or more specifically lack there of with Google. The fact we were

searching acceptance into the AdWords program simply highlights our

goodwill as we never would have approached you had we felt our site

was malicious.

 

We both know this cut and paste cease and desist letter is greatly

exaggerating the situation and no reasonable person would ever confuse

Droogle.ca as a Google subsidiary.  We would challenge you to check

the hundreds blog postings about Droogle on the Internet trying to

find one where someone has made this mistake.

 

Even though we are saddened by your actions towards our site we still

do respect Google and wish to come to a mutually agreeable decision.

We do wish entry into the AdWords program and are willing to work with

you to alter the site to the point you would find it acceptable as

well as move the site to the domain www.Droogol.com which is a play on

the real spelling of a googol.

 

We await your reply,

-The Droogle Team

 

 

 

 

 

 

Google’s Response (September 8th, 2005)

 

 

Dear Justin,

 

Thank you for your response.  Our concern with the name of your site is due to the use of a mark that looks and sounds like Google for a specialized search engine.  Therefore, changing it to Droogol.com does not go far enough.  We must ask that you change the name to something that does not resemble "Google."

 

Sincerely,

Rose

The Google Trademark Enforcement Team

 

 

 

 

 

 

 

Our Response (September 8th, 2005)

 

 

Droogol is based off the english language word for a googol (see:

http://en.wikipedia.org/wiki/Googol ) and is a play on that word

meaning we have lots of drink recipes. I do not believe this is

confusing similar to Google. Even given the fact that this is a search

engine, it is not inconceivable that a play on this word makes

complete sense to represent a site the holds a large collection of

information.

 

I would completely understand your argument if people were making a

mistake based on our supposed confusing similar names but again I

would like to reiterate my previous statement which was based on the

domain name Droogle.ca

 

'... challenge you to check the hundreds blog postings about Droogle

on the Internet trying to find one where someone has made this

mistake.'

 

Honestly, I'm not a lawyer and I'd really rather not have to consult

one, perhaps you could give me a call when you get a chance at

xxx-xxx-xxxx and we could discuss this further. As I said before I'm

sure we can come to a mutually agreeable decision that will not cause

either of us ill will or affect the thousands of daily visitors that

rely on my site to enrich their nights.

 

Thank-you

Justin