Google "Loses" Gmail in Europe 154
Hippie Hippie Shake writes to mention that Google has just lost the right to use the name 'Gmail' in Europe, according to the EU. "Daniel Giersch, a German-born 32-year old entrepreneur, has just announced that his company received a positive ruling last week from the Harmonization Office supporting his claim that "Gmail" and his own "G-mail" are confusingly similar. G-mail is a German service that provides a "gmail.de" email address, but also allows for a sort of "hybrid mail" system in which documents can be sent electronically, printed out by the company, and delivered in paper format to local addresses." It looks like "Google Mail" from here on out, at least in the Old Country."
Google farts! (Score:5, Funny)
Re:Google farts! (Score:5, Informative)
All in all, a non-issue.
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Goggle mail? Is that like, beer goggles, or the regular variety?
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I don't know why this is, but it's very handy.
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Quit stealing my thunder [slashdot.org] (fart pun well intended!
it's not that big of a deal... is it? (Score:5, Insightful)
That's not something a few hundred million dollars can't fix.
Re:it's not that big of a deal... is it? (Score:4, Insightful)
You mean "That's not something a few hundred million dollars in stock can't fix."
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Unless it's restricted stock, I.E. stock that is issued by the company with a restrictive legend. In that case, it can't be sold, until the restriction against selling it is removed.
t's not really the same as receiving its value in cash: it's true that stock can be sold, but at what price, you do not know until you have a commitment from a buyer.
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Re: It's not that big of a deal... is it? (Score:2)
Wrong Country, Wrong Law (Score:3, Informative)
Re:Nothing to fix. Incorrect interpretation of rig (Score:2, Insightful)
Well? (Score:5, Funny)
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No wonder one day I opened my account and the logo changed to Google Mail...
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Unfortunately, in this case, denic.de isn't giving enough info in their whois lookups to tell when gmail.de was registered.
So it's hard to know who to root for.
Trademark since 2001 Feb 24 (Score:3, Informative)
http://web.archive.org/web/*/http://gmail.de [archive.org]
However, the first two archived pages are error messages so it's not clear if this was being used for an email service. If this was a registered trade mark then it wouldn't matter as the Nice Classification for marks is Telecoms (which surely encompasses websites) - I'm not sure how it works with unregistered marks though.
http://oami.europa.eu/CTMOnline [europa.eu] from OHIM (the European TM registry) shows the earli
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You could say the same thing about god. I'd certainly demonize the 'god' of the old testament. In fact, 'demonic' seems downright appropriate for that particular imaginary menace.
And I don't believe that there is any such thing as 'intellectual property' so its not as if I don't believe in it (ie believe that it is a bad idea) I just don't believe that it *exists* full stop. Its just make-believe. Much
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And I still disbelieve in it.
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There is no such danger indeed. Basically, that Giersch guy is just someone who smells money in the opportunity to kick a large company up the arse. A plain nuisance, nothing else. Ridiculously enough, he is said to be right by German justice. Completely not understandable.
Those two cannot possibly be confused with each other unless you're some creepy kind of lawyer that manages to convince some clueless judge of their idiot opinion.
Craziness. Ah, well. Let the Giersch guy be happy 'bout himself and rej
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I completely agree that it's ridiculous. But after seeing a whole bunch of huge companies win BS lawsuits like this one, it's nice to see one of them get shafted for a change. It's petty and childish, but that doesn't make it any les
Translation - (Score:4, Funny)
Translation -
"Daniel Giersch, a German-born 32-year old entrepreneur, has just announced"
That he is now G-Uber Rich!
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- RG>
Lost rights to a beta product name... (Score:4, Interesting)
Re:Lost rights to a beta product name... (Score:5, Funny)
Um.... yeah. This definitely makes the list of things that make me sad.
The domain drives the branding. (Score:1, Redundant)
Really, I think that Google is just going to wait a while, and then once the media coverage has disappeared, buy this guy's domain. Having "gmail.cc" for every other First World CC in the wor
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In that case, German Gmail users suffer - of course, given how EU laws work, European Gmail users suffer.
Secondly, the services provided are quite different (similar to Apple Records and Apple Computer, pre-Apple, Inc. of course).
But you're probably right. There is no problem that large amounts of moolah can't solve.
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So it should be OK while in 'beta', but once it's launched and available for the general public, that's a different story? Oh wait....
Good for him! (Score:5, Insightful)
Perception of lawyers (Score:2, Informative)
From the article:
Of course, very few people would describe lawyers on the other side of the courtroom with any 'nice' adjectives, especially lawyers working for a Goliath of a US corporation. Saying 'very evil' is a bit of a strech.
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Maybe when you say "bad" in German it literally translates to "very evil!!!!" Ever see a German say "I love you" to another German? I'm not sure but it always looks like the couple wants to tear each others throats out when they say it.
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If the companys motto is "Do No Evil" and then they behave in an evil way - threatening and hassling a legitimate domain owner, then they are definately not sticking with their motto.
A bigger Google was always going to develop more evil.
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Gmail vs Googlemail (Score:1, Flamebait)
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PING gmail.com (216.239.57.83) 56(84) bytes of data.
PING googlemail.com (216.239.57.83) 56(84) bytes of data.
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Have you googled yourself lately?
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Apparantly I died in an industrial accident a couple of years ago.
Meh!
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Yeah damn the Kraut for having the name first, as well as a legitimate trademark and a business in full operation. Don't blame Google for failing to do their homework, or for assuming "the little guy" would let himself be bought out for a relatively trivial sum ($250,000; yes it's a large number but the "gmail" name is worth man
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This is news? (Score:3, Interesting)
Hard to Argue with It (Score:1)
-John Mark
Hyperic Community Outreach
Simpsons (Score:2)
$250K? (Score:2)
Tom
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I mean yeah, it's good that the guy has character and defends his creation [G-mail that is]. But I dunno, if google wanted to give me 250K for libtom.org I'd be finding a pen.
Tom
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First, find a more describing name, libtom does what now? Ohh it's a big collection of cryptographic stuff, well that was evident from the name.
Second, keep your site to the point, if you are trying to get people to use libtom, then don't use the site for random rants about other peoples software, show why you are the best!
And finally, if you really think yours is so much better than existing implementations (I highly
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Re:$250K? (Score:4, Interesting)
You'd be throwing away a bunch of money. A few years ago, a small mom-n-pop cable tv company out in New Mexico owned the roadrunner.com domain. My employer, a certain other, much larger cable modem company was understandably interested in that domain and they offered the owner a similar 250K low-ball figure.
The owner had an idea of what it would be worth to them so she declined. Then the larger company tried the bully approach, taking her to court and citing trademark infringement, etc. She knew she would probably win since it's the state bird of NM and had been part of the name of her company all along. She was right and she won the case. The larger company knew they were going to have to cough up the dough if they wanted that domain and they did. 8 figures worth.
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well, how nice (Score:5, Insightful)
So when his rather stupid venture tanks (several people have tried his kind of service before), he can at least get some money for the domain name.
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Err, Gierschs company has been around a while, probably a lot longer than Google - so it wasn't some attempt to cash in on the fact that Google is now a very wealthy company.
No. (Score:1)
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Pagerank (Score:1)
On the bright side for the new owner, one had to wonder if he'll simply attempt to sell the domain, or keep it for his own G-Mail app.
Considering the amount of incoming links, that has to be the best SEO deal ever!
they should brand one for the Euro market then (Score:5, Funny)
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What's really funny is that it can't really stand for (G)erman- Mail, as if it was tailored to actual Germans, wouldn't it be (D)eutschland-Mail?
I was thinking more like Z-Mail, as in mail for zee germans [imdb.com]
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Ah, good (Score:2, Insightful)
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It certainly shouldn't be to the point where Gwhatever or iWhatever are automatically considered trademark infringement, like that controversy over the ivibrator (or whatever it was called) a while back.
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Think about it this way: if I opened up a supermarket and called it Ford Supermarket, do you think the Ford Motor
Evil? (Score:2)
why doesn't google (Score:2)
Just call it Google GMail (Score:2)
How will this affect gmail.com? (Score:1, Insightful)
Re:How will this affect gmail.com? (Score:4, Informative)
Not at all. Nobody claimed otherwise.
> The company is based in the US;
But they operate in the EU as well and have quite some offices, so Google as a cooperation has to adhere to local laws for business they do in the EU. The physical location of the server does not matter.
> they're not marketing gmail.de, it's gmail.com
They are marketing a "GMail" service (no TLD). Google wants to use "GMail" as a name (the domain is just a bonus, the dispute is about the trademark "GMail"), the current owner claims to have older trademark rights to the name in Germany.
> How can the EU prevent its citizens using gmail.com,
They don't prevent you at all. You can go to the US site and register and use this access.
> and require that they use g-mail.de (or whatever) instead?
Currently, Google may not use the name "GMail" for its service in Germany (= advertising and offering a service to the people in Germany under the name "GMail"), as this would infringe an older trademark hold by some other guy. A trademark must not be 100% identical (gmail vs g-mail), if it concerns the same field of business and bears a high probability of being confused (and some other additional conditions). This is the current situation in this legal dispute.
Positively Orwellian (Score:1)
Don't know. (Score:2)
Some clarifications (Score:5, Informative)
2) according to discussions on heise.de this guy has probably registered his trademark between the start of gmail.com and the time google wanted to register gmail.de, they DO own g-mail.de
3) the trademark actually is "G-Mail
4) German trademark law DOES provide ways to see if registering was in "bad faith", and that is not dealt with in the EU, but Germany. That could turn the whole story.
5) He DOES NOT provide service. What he announced is "ready next month" for like all the years since he registered the domain. Probably vaporware.
6) Registering a trademark s.o. else is using in another country and designing vaporware is what 4) is about: straight way to lose the tm.
Some people also told he sort of knew that gmail in the internet was "taken", but discussions did not provide promised sources and no one at heise.de jumped in.
All in all looks like david-goliath, but also symicron-explorer so stay tuned. But keep in mind actual deals of Mr. Giersch are tell tale by himself and not at all confirmed. He might just be some greedy jerk with a rip off scam in trademark law.
Trademark is longer and situation more complex (Score:5, Informative)
This is a pretty lame phrase translating approximately to "G-Mail
Due to the fact that his trademark in principle only covers the full length of the phrase, his standing in courts is not as strong as he pretends, and his registering was very close to google's announcement of their gmail service. His trademark is still challenged in court.
Also, Giersch's company is in "we'll launch very soon, honest!" state for years now, the only progress being in regularly changing website designs. This is not as clear a "innocent David" vs. "corporate Goliath" situation as people outside of Germany tend to see. To me, this guy more looks like our very own tiny SCO.
Make TLD's fairer...only use 2 letter country code (Score:1)
Here's what they should have done.
1) All top level domains end in 2 letter country codes and move all the
2) So what would happen with slashdot.com after it got moved to slashdot.com.us?
You first set your browser's country code. Most of us reading this would set this
Correction (Score:1)
[/troll]
This just proves how great google is! (Score:1)
here's an idea (Score:1)
He should have settled... (Score:1)
Google Mail instead of GMail!! What's next?? (Score:2)
Google Earth instead of GEarth?
Google Maps instead of GMaps?
Google News instead of GNews?
But... wait...
EU (Score:2)