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Google Loses "Gmail" TM Case In Germany

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companyone

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Google loses "Gmail" trademark case
Submitted by Netherlands IFP on Wed, 2007-07-04 20:55.Americas | Europe | United States | News

A court in Germany today banned Google from using the name "Gmail" for its popular webmail service following a trademark suit filed by the founder of G-Mail.

Daniel Giersch (33), started using the name G-Mail in 2000, four years before Google released "Gmail".

"Google infringed the young businessman's trademark that had been previously been registered," said the Hanseatic Higher Regional Court in its judgement.

"As far as the Hanseatic Higher Court is concerned, the legal situation is unambiguous to the extent that it has not allowed an appeal to the Federal Court of Justice," said Giersch's lawyer Sebastian Eble, from the office of Preu Bohling & Associates.

The lawyer claimed that it was It is a legendary victory, because for many Daniels fighting "Googliaths," confidence and financial means run out in the long course of battle.

The battle for the trademark has dragged on for three years and has been fought in a number of State jurisdictions.

Google has filed lawsuits against Giersch in Spain, Portugal and Switzerland.

"Google has announced, at least in writing, to 'fight' my client abroad for as long as it takes before he drops the legal claims lodged in Germany," Eble confirmed.

But a court in Switzerland threw out Google's case and now Giersch will file a suit to prohibit Google from using the name in that country.

"I have made it clear since the beginning that I will never sell the name," Giersch said. "It is my sole intention to realise my idea for a hybrid mail system. I am absolutely convinced of its success. Neither "G-mail" nor myself are for sale."

After the Google lawsuits have ended, Giersch hopes to focus his energies into the further development of "G-mail," which he touts as a new "standard of communication on the Internet."

"My hybrid mail system 'G-mail' is an ingenious blend of innovative and well-tried communications solutions," he said. "It
is subject to the principles of the sanctity of the post. Google, on the other hand, scans the content of e-mails to blend in adverts. Criticism about this from data protectors that Google has to deal with harms my business. My employees and I are involved in mix-ups on an almost daily basis."
Source

______

Happy 4th Of July...Google!

Peace,
Dan
 
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TheLegendaryJP

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Good to hear. Nice post.

Question now is, would google consider paying him off to have the rights ? I see he is quoted as saying NEVER but money talks :)
 

companyone

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I see he is quoted as saying NEVER but money talks

Well, he has the law "officially" on his side now...whatever Google could have bought it from him 3 years ago just went up about 100,000+ times...LOL

After three years of... what I bet was pure hell...it may take 50-100+ Milllion to buy any domains and/or Trade Marks he might have.

Good for him!

Peace,
Dan
 

Seraphim

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Awesome!

I hope they go [0 - 2] and lose the gmail.pl claim as well.
 

Ian

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Gmail might never be a success in the very important German speaking markets like Switzerland, Germany and Austria! Good for this guy!
 

whydna

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Power to the little people :eek:k:
 

GAMEFINEST

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I would sell it for the right price and buy even more domains or other investments
 

scorpio

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did they not loose .co.uk also previously?
 
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