goldgoogle.com domain claimed by google.com

They have: 2 posts

Joined: Apr 2004

goldgoogle.com domain claimed by google.com

Hi i owned a search engine site goldgoogle.com and ran it successful for several days....i recieved a mail from google yesturday saying it effects their business n many other reasons....They say i might be fined up to 1,00,000 Us dollars ...HA HA HA........well immediately i trasferred the domain...i even took of the name server...Nothing is there now in goldgoogle.com

But they force me to trasfer the domain name to them...I need your advice.....they say they cant give more than 50 $...I spent 4000 $ in promoting the site.....
I had even linked to google.com and also mentioned in first paragraph itself that goldgoogle.com is a seperate company.

When they wrote me with all rules ergarding copy right ...i respect it and immediately shut down the site.....
can any one help me how i must proceed...
I say them if they need the domain name they must pay more....and gave examples like

there are so many other domains
fastgoogle.com
why not...even googlegold.com
googlecash.com
googlesite.com
GOOGLEFAST.COM
googleworld.com
googleworld.com
googlerocks.com
GOOGLE4YOU.COM
GOOGLEADS.COM

EVEN the domain

googleadwords.com is there...

googleadwords.com
even marks one of their product.....They are using it as a expire domain name......and many many examples can be provided.

But why they point out only mine....is it cause i am a individual or is it because they liked it or is it because they goldgoogle.com really is going to cause any damage for a gaint like google....after all Theres nothing there now....It was a ppc search engine before but now i shut down...why still r they forcing me...I wrote them rules must be universal.....
Now i am looking for someone who can buy this domain ...even if its google let them pay more......am i right or wrong...I respect googles views...I know they have a point in asking me to shut down and i did it in one hour as soon as i got the mail...But why they force me to trasfer domain to them when they allow all the other hundrends of domains similar domain..I even said i can give in written form that my site will not be up again...i am ready to follow their policies but why i asked them to give me reason.....i said if they can make all the guys who has the name google in any part of domain to trasfer to them i also can do it.....well why they point only me.......Rules must be applied to alll...Nit to one person alone...that too when i am ready to give them in written form that site will never be up again in that domain........I said Rules must be universal....

I will take decision based on your advice...write to [email protected] thanks for u r time

The Webmistress's picture

She has: 5,586 posts

Joined: Feb 2001

Just to show you how picky big companies can be read this thread

It is because you have a domain with 'google' in it, nothing to do with you being an individual or them liking the domain. You are infringing on their copyright and I'm sorry, but you must have expected something to eventually come from them, they will see it that you are perhaps profiting from using a recognisable name!

We can't give you any legal advise but from the experience of others in similar situations you aren't going to win, who does when taking on a million dollar company!

Julia - if life was meant to be easy Michael Angelo would have painted the floor....

They have: 9 posts

Joined: Apr 2004

charge them $10,000 for it!
they have the cash they are just playing with you. Keep your site on the market keep working it until they give you your $10,000 thats my advice.

They have: 83 posts

Joined: Apr 2004

U r right. U gotta get yourself a lawyer. They r treating u really unjustly. They cannot force you to sell your property or force you to take your site down because the names are similar. You said that you have thousands of dollars invested in this, so get a lawyer and ask him/her what to do. You gotta protect your rights mate.

Suzanne's picture

She has: 5,507 posts

Joined: Feb 2000

This is not a legal resource.

And quite frankly I think you'd be foolish to take our advice.

However, in the world of trademarks, running a search engine named GoldGoogle would create confusion in the marketplace, and does infringe on their trademark. If they don't defend their trademark, they lose it.

I question why you would start a search engine called GoldGoogle in the first place, if not to piggyback on their reputation.

I also question why your first post in a forum (you registered to post this one post and haven't been back) is to spread malice and accusations of unfair business practices.

They have: 2 posts

Joined: Apr 2004

Hi,
My intention was never to spoil googles name...I respect their views...They gave me 7 days to shut down the site..I did it in less than 10 minutes.....as soon as i got their mail.....
well...the time i registered the domain i checked first if there are many domians like this...it was there.....thats why i took it since i liked it.....and most important thing was i was never trying to compete Google.....no one will...I just had a ppc site and In the very very very first paragraph....Not even in bottom...i wrote in first paragraph..." Goldgoogle is seperate company and has not association with google...If you are interested please use Google adwords for u r advertising and also gave a link to googles adwords page....

This is to clealy let google know that i was not looking for any advertisers for myself....by cheating....I was gaining visitors and i wanna clearly metion they also have a better choice than goldgoogle.com to advertise and are encaurage to use googles services....

No one would do it if they are trying to spoil ones name or ruin their business.

Now also...I only ask one thing....I worked so hard......to promote my site....there are domains like googleadwords.com.... even a search ENGINE called fastgoogle.com ....why google targets only me...
I only wrote them politely....and said....Rules applies for everyone....if u can make all guys owing google name for years change to google i will also do it right away....
Ok...they have a point....may be they say i run a search site...But then now its nothing....i even deleted name server....i said..I can send them a written letter saying nothing will be there in goldgoogle.com any more....But still if they only want me to trasfer domain name for pennies and leave all the other hundrends of guys then it doesnt make any sense to me.....I just asked them for a explanation....
Ok i am a looser now...I cant go for a law suit..I am a individual ...penny less now cause i lost so much of money in promoting goldgoogle.com ..I am worried.....Thanks for ur advices now...Again i stress........its my fault....its never my intention to compete a gaint...and even now i feel bad that i write all this cause the world loves google and am also one amoung them........May be i loved it too much i registered goldgoogle.com and linked to them thinking its ok cause i clearly saw them alowing all other domains like this to just stay there...and even run the site.

I respect u guys who share your knowledge ,idea and fun with this incident...Many call me fool ,idiot and tease me.....Thanks anyway

s0da's picture

He has: 157 posts

Joined: Mar 2004

yeah dude. that's bologna.

try and contact them and state your situation with all the things you have told us. i'm sure they would give you feedback on the whole deal.

He has: 1,380 posts

Joined: Feb 2002

You can't honestly say that your website was not created with the intent to profit from the word "Google" recognition. What did your site do? I'm sure it had something to do with searching, "googling" as it were. And if it directly used the Google engine, then it's against their terms of use (Look under 'Personal Use Only').

So, needless to say, unless your site had something to do with fishing, or something totally unrelated to finding information (of any kind) on the web, you are at fault. You not only broke their Terms of Use, you infringed on copyright.

s0da's picture

He has: 157 posts

Joined: Mar 2004

she said she had the proper wording on the web site that seperated her site from google. fastgoogle has the same wording so...

Suzanne's picture

She has: 5,507 posts

Joined: Feb 2000

She doesn't/didn't.

http://www.paypergold.com/goldgoogle.html

Quote: goldgoogle is a seperate company.

Additionally, it's a search engine. PPC, but still. Similar/same font for the name.

Also, FastGoogle runs the GoogleAPI and is registered with them as a developer. Their text is as follows:

Quote: (Google™ is a trademark of Google Inc. Not affiliated with Google.The Google Web APIs service can be used with our Legal Google Account and License key.)*© 2004 Fastgoogle

Suzanne's picture

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And just to be clear, the issue is primarily TRADEMARK, not COPYRIGHT law.

s0da's picture

He has: 157 posts

Joined: Mar 2004

i c

He has: 1,380 posts

Joined: Feb 2002

Explain the difference between TM and C, since I'm the one that made that mistake...

Suzanne's picture

She has: 5,507 posts

Joined: Feb 2000

It wasn't just you, Kyle! Smiling It's very common.

Copyright applies to images, text, et cetera, but not to specific words. So you couldn't copyright, say, "apples".

However, you could TRADEMARK "apples" if you're not an apple farmer. Trademarks cannot be held for common terms, so you can't trademark "apples" if it's considered to be a common term for the industry. (i.e. Apple Computing -- "apple" isn't a computer term). Trademarks generally refer to branding and also apply to logos (not text graphics, but an actual logo such as the Nike swoosh or AT&Ts globe).

So Google™ and the multi-coloured Google™ logotype are trademarks of Google the company. Technically every time you say "Google", you should say "Google™".

Trademarks apply within an industry only. There are some that become very commonplace so that *any* other company using that name would cause confusion in the marketplace. Theoretically, this means that two different companies, in two different fields can trademark the same name(s) without being in conflict.

Companies like Google™ are in danger of losing their trademark because of the "common" usage that is erupting; when people refer to searching on the web as Googling right now they mean searching with Google™ -- however in the future they may start referring to searching with *any* search engine, which would effectively push the term into being a common term and no longer able to be trademarked.

teammatt3's picture

He has: 2,102 posts

Joined: Sep 2003

Quote: Companies like Google™ are in danger of losing their trademark because of the "common" usage that is erupting; when people refer to searching on the web as Googling right now they mean searching with Google™ -- however in the future they may start referring to searching with *any* search engine, which would effectively push the term into being a common term and no longer able to be trademarked.

That's interesting Smiling

He has: 1,380 posts

Joined: Feb 2002

I see...

Why doesn't anyone like "McDonalding"? ;-D

He has: 688 posts

Joined: Feb 2001

Sorry I'm replying to an old thread.... but I wanted to.

First of all, I'm not a lawyer but I do work with lawyers often in dealing with copyright and trademark issues and this is an open and shut case. It doesn't matter what your site is about, they have trademark (and probably copyright on the technology too) on the word Google and using it at all in any way what so ever is illegal.

If you have a site called "Amazon Bookworld" then they'll get you for infringement and damages. If you have a site called "Amazon Lawnmower Repair" then you'll be okay because Amazon can't trademark all uses of the word "Amazon" because it is a common word out of the dictionary. As contrast, Google was a made up word that never existed before so using it in any way what so ever is undeniably a rip-off.

A little known fact: Google does NOT mean "the number equal to a one with a million zeros after it". That word is actually Googol. Google claims they choose the spelling Google as a funny pun on the mathematical term but legend has it that the founders of Google actually misspelled the word when they began the search engine.

Google itself is not above trademark and copyright infringement. Infact the legal owner of the made up term Googol mentioned above is considering suing Google over infringement see link here and the trademark/copyright owners of the name Googles is also considering a lawsuit against Google. Googles is the names of some childrens characters see link here... and they trademarked the word "Googles" a year before the search engine people trademarked "Google"!!!

Back to the subject: Sorry but you don't stand any chance of winning and I'm shocked that Google would offer you one penny when they don't have to. I'd be thankful for that and take it before they change their mind. They just figure it's cheaper to buy you out for $50 then fille a lawsuit that would cost them $10,000. And as for all those other companies that are still up and running with Google in their name... I'm sure they all got the same message you got threatening them with a lawsuit. They too are in the wrong and stand no chance of winning but they probably chose to ignore the letter, thinking that Google wouldn't waste their money on pursuing prosecution.

They have: 4 posts

Joined: Jul 2004

hehe, their asking for 1M? wow! ask for 2M to transfer it to them... you bought the domain with clear and clean intentions... one big company in the Philippines sued someone using their name. and it all ended up where that big company were literally begging the owner to transfer it to them for a large sum.

I can see another millionaire here hehehehe

John Vincent Mombay
Website District
Web Hosting that understands your needs.
http://www.websitedistrict.net

Suzanne's picture

She has: 5,507 posts

Joined: Feb 2000

Well, McDonald's™ has its own issues, specifically derogatory cultural references to McJobs, et al.

They have: 76 posts

Joined: Mar 2004

I'll give you 11$ for the domain - turn it into a google fan site - we love google - whats the betting they let me keep that site up and running?

Smiling :)

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