Sam Pfanstiel wrote:
#1. Turn off caps lock, dude. It's hard to take you seriously when your all-caps makes you look like a fourth-grader.
CAPS MAKE IT EASIER TO SHOW A MULTI-PART REPLY, IN MY OPINION.
#2. A well-developed site selling goggles (with industry standard ad-placement, of course) would have a great chance of standing up in court. As a matter of fact, I would imagine.
BUT THAT WASN'T THE POINT. THE POINT WAS NOT TO ESTABLISH A LEGITIMATE BUSINESS SELLING GOGGLES, BUT PRESUMABLY, TO SELL THE TYPO TRAFFIC. SCROLL BACK.
Google doesn't own the rights to goggle. Period.
INCORRECT. GOOGLE COULD ARGUE THAT GOGGLE IS DILUTING ITS MARK.
If the U.S. government couldn't shut down whitehouse.com, even though whitehouse.gov was first, I don't think Google could shut down a solid reputable business selling goggles at goggle.com, even if Google.com were first.
INCORRECT. THE US GOVERNMENT DIDN'T HAVE A FAMOUS, REGISTERED, AND DISTINCTIVE TRADEMARK.
EVEN IF IT WERE USED AS A SITE SELLING GOGGLES, IF GOOGLE WANTED THE DOMAIN, THEY WOULD LIKELY GET IT. THE MERIT IS SOMETIMES IRRELEVANT. HAVEN'T YOU EVER BEEN INVOLVED IN LITIGATION? THERE ARE SO MANY MORE FACTORS. SOMETIMES IT IS MERELY A WAR OF ATTRITION. A LARGE ENTITY HAS ENORMOUS ADVANTAGES IN SUCH A FORUM.
BEING ABLE TO OUTSPEND A DOMAINER IN COURT IS NO SMALL ADVANTAGE.