So last month I got a nastygram from a Google auto-spamming attorney that let me know they weren’t pleased wth my website, www.googobits.com.
It scared me. I complied with their spammed demands. I sent the auto-attorney a pleasant and compliant response and have yet to hear back. I have also been crazy-busy with my day job and had no real time to think it all out. So now that I’ve had a chance to breathe, and feel like I am probably out of danger of financial ruin, I wanted to document my complete response here.
- Removed all content from the URL
- Renamed the mildly popular feature “/obits/”, subtitled “Augmented obituaries and essays. There is a lot to learn from the dead.”
- Placed all content on my personal site at http://juggernautco.typepad.com/obits/
Here’s the complete text of the letter:
From: tmenforcement@google.com
Date: April 5, 2005 5:01:21 PM CDT
To: dan_x_oneil@yahoo.com
Subject: Domain name infringement: googobits.comDear juggernautco:
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) googobits.com (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
Has anyone else out there gotten one of these letters?