September 07, 2004
Via email to firstname.lastname@example.org
Re: Domain name infringement - http://www.gooooooogle.com (Our ref.: 11.542)
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 http://www.gooooooogle.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. The Domain Name merely adds o's to the GOOGLE mark, mimicking the appearance of the mark at the bottom of a Google search results page.
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 14 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.
The Google Trademark Enforcement Team
Posted by Martin Sewell at 12:29 AM