You will be ok, until you are caught....
Just like driving, if everyone drive 70 in a 55 and does not get caught, and then you drive 70 in a 55 and get caught, does that relieve of breaking the law?.
Just because they do it does not mean what they are doing is legal. Google does go after squatters and it could be just a matter of time. Squatters tend to work faster and harder than TM enforcement team can keep up...
Hi thank you for your answer..
I see what you are saying. But in the case of googleguide.com they have been around since 2002 and are quite popular in rankings.
I don't know. So does having a domain "googleKEYWORD.com" Okay?.
Anyone else have thoughts on this, please post...
I disagree with DNQuest.com. Just because a domain has the term 'google' in it, doesn't mean they can take it away from you.
Usage plays an important role. I don't see a problem with GoogleGuide.com. In fact any TM+guide.com domain should be fine if it was used in a way that the name suggests. For instance appleguide.com, ipodguide.com, ebayguide.com etc. should all be fine if they are genuine websites aiming to help users.
It is not like GoogleGuide.com is trying to trick visitors to make them thing that they are a part of Google. On the contrary, they have a disclaimer on footer and the name itself is alre already self explanatort. I see GoogleGuide.com and GoogleSucks.com in the same category.
I would be happy to see if DNQuest.com can show some examples to change our minds.
As far as I know, bad faith must be established to have them succeed to take the name...
Here are some more domains with google in it. All are popular and doing just fine as long as they state somewhere at the site that they are not affiliated with google in anyway shape or form.
I now truly believe, I can actually register my own googleKEYWORD.com Domain and actually be Okay from getting in trouble.
Anymore thoughts on this?.
Thank you NP members..
If they say no, it's up to you to proceed...
As with anything with domains, usage plays an important part in regards to infringement. It does not matter what other sites do, all that matters is how you proceed with the domain you have. Do you know if these other sites got permission from Google or not? Do you know if Google evens knows about them? Do you know if Google knows aobut them but sees it will not hurt them, so they decided to not pursue the matter?.
Disclaimers are only good when used in conjuction with other factors (mainly usage). It is also up to Google to decide if it is worht theri trouble or not if they do find out about it.
Using my previous analogy, if you do 56 in a posted 55 mph, are you breaking the law? The answer is yes. Is a cop going to stop you and enforce that law? no. I know where I live, a cop will not pull anyone over unless they do in excess of 10mph over the posted limits (except for school zones, they are very strict with that). So if you do 9 mph over the limit and you pass a cop, he won't stop you. True story here, I saw a vehicle pass a cop car who was doing radar, the vehicle was doing at least 80mph in a 55. The cop did nothing.
So there could always be many other factors that decideds enforcement or not. But using the "they do it" defense in never a good one.
Anyone who has been here a while knows my point of view on fair usage and how strongly I believe in it, the main thing is, use the domain in good faith and I will back you 100%, if you do not use the domain in 100% good faith, except me to ride you...
Thanks DnquestI guess If I decide to use a TrademarkKEYWORD.com domain, I shouldn't be focusing on profit too much. ANyways, thank you everyone for their thoughts...
To do so without permission is risky. They may see it as low risk and leave you alone. They may sue you for big bucks if they think they can get it. They may file a UDRP against you. They have the ultimate decision as to whether to turn a blind eye, or make an example of you. except maybe as a protest type site such as *sucks protected by free speech, you have no right to use the TM name.
What do you have?.
If you plan on selling the domain or making money from the site, you better get permission first, or you are at considerable risk. The more you have to lose, the more risk you are taking. Just because they haven't gone after another site doesn't mean they won't go after you. Case history proves they will go after those they think are a threat to their TM...
Before you get yourself into a mess, check this out: "Dont register Google trademarks as second-level domain names.".
That's off the Google website itself. http://www.google.com/permissions/guidelines.html.
Next, read this: Microsoft Corp. v. Maltuzi LLC, Case No. C07-1419 (N.D. California). Microsoft alleges that the California company has profited from domain names that infringe on Microsoft trademarks.
" Microsoft Corp. v. Sule Garba, Darin Grabowski and Yi Ning, Case No. 06-1192RSM (W.D. Wash.). Microsoft has amended a civil lawsuit filed in August 2006 in federal district court in Seattle against the owners of 217 infringing domain names who masked their true registration information behind privacy protection shields.
Today, Microsoft is amending that complaint to name three defendants who collectively are alleged to have owned at least 135 infringing domain names..
" Microsoft Corp. v. John Does 154, Case No. 07-2-08568-8 SEA (King County Superior Court, Washington). Microsoft has filed a civil lawsuit in state court in Seattle against John Doe defendants 154 to unmask defendants hiding their identities..
" Microsoft Corp. v. John Does 1105, Case No. C06-1766JLR (W.D. Washington). In December 2006, Microsoft filed a civil lawsuit in federal district court in Seattle to identify defendants who have allegedly registered infringing domain names and "parked" them by associating them with online ad network monetization services.
New and Settled Actions in the United Kingdom.
Microsoft has conducted five new legal actions in the U.K. against companies allegedly having registered domain names infringing on Microsoft's trademark and other statutory and common-law rights. In addition to these actions, Microsoft reached a settlement with U.K.-based Dyslexic Domain Company Limited, which Microsoft alleged had registered more than 6,000 domains. In addition to a monetary payment to Microsoft, Dyslexic Domain Company Limited agreed to other confidential settlement terms.
U.S.: Civil Lawsuits in Utah and California.
Microsoft has also settled two federal civil lawsuits filed in August 2006 against five named defendants who allegedly profited from domain names that infringed on Microsoft trademarks:".
Microsoft Corp. v. Cox et al: Case No. 2:06cv00692 TS. Microsoft filed this case in Salt Lake City, alleging that the defendants and their businesses had registered 324 domain names targeting Microsoft. The settlement ends the litigation with a stipulated order for permanent injunction against all defendants, a $2 million judgment as to defendants Jason Cox of New Mexico and Newtonarch LLC, the Utah-based business of the remaining individual defendants, and other confidential terms.
" Microsoft Corp. v. Brown: Case No. cv06-5247R. Microsoft filed this case in Los Angeles, alleging that the defendant had registered 85 domain names targeting Microsoft. The settlement ends the litigation with a stipulated order for permanent injunction and a $1 million judgment as to defendant Dan Brown of California dba Partner IV Holdings, and other confidential terms.
What Microsoft is doing is they are asking the courts to award costs against the domain name owners, and those costs will be considerable. That's mean and nasty and ouch will it hurt!.
But back to Google. If you incorporate their trademarked name into your domain name, and then make money from people coming to your website, you are effectively trading off their name.
For that you can get pinged. At this point in time Google is not as aggressive as MS (that's why some people are getting away with keywordGoogle websites), but that could change very quickly.
Do you really need these kind of headaches?.
Sorry, but you're wrong. Once you use their trademarked name for your own purposes you are trading off their names ... regardless of what your sentiments are.
I agree and Google is a trademark so you would be breaking the law!.