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GoDaddy testimonials : Advise I buy GoDaddy?? googlecommunity.com TM issue?

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How is this website not getting sued from Google. They even talk about adsense on their forum.

Just want to know. Thanks..

Comments (9)

It's could definitely appeal to be in "good-faith". And it shows it is in no-way affiliated with Google.

Basically, they're not trying to profiteer wildly off a TM, but instead allow discussion about it...

Comment #1

You are right, they have an issue on their hands with that choice of name.

Talking about Adsense on their forum doesn't make it that much worse though, since the defense of not having heard of google.com is not a very convincing one anyway.

The biggest problem is that googlecommunity.com can plausibly be mistaken by the average person for a service offered by Google (at least in the mind of the average judge); it's not like they are called googlesucks.org or something similar, in which case they would have been much safer...

Comment #2

They certainly did the right thing by not utilizing adsense on their site. The only object in question would be the search box and whether it's Google paid search, then there might be a problem. The way it looks like it's an educational forum that doesn't really have an angle to make a profit. If they tried, i'm sure Google would be all over them, until then, they're probably merely accepted and too small of a fish for Google to be worried about. In the end, it's probably generating Google some adsense customers, because questions are being asked and answered and Google doesn't pay a cent for it...

So, I assume it's similar to the Fansite scenario. You can own the name and use it, but if you capitalize on it, you're in hot water.

I may very easily be totally mistaken here. I'm sure that JBerryhill, DNQuest and Labrocca have better insight?!.

IB..

Comment #3

IB, what you're saying makes sense to me.

In that regard I would like to add another question for the legal eagles:.

Do you think the Fansite Scenario outlined by IB ("use it, but don't capitalize on it") will retain it's defense value in the long term?.

What I mean is do you think IP judges or other rule makers might realize at some point that creating traffic to a website is very similar to creating unrealized capital gains - regardless of current monetization arrangement or lack thereof.

As an example, googlecommunity.com can wait until it reaches critical mass, then get a non-infringing domain, use the 301 redirect and put ads all over the place.

In fact that's what might be the optimal strategy for this type of site anyway, even if the domain wasn't infringing. So all that's different is they get some free branding along the way...

Comment #4

Without going through the history of the domain or the site, I could see the argument on the side of a fansite, though I would prefer there is no adsense at all. There is a bone offering of a service, Google Discussions. You have the disclaimers. Outside of Adsense, I don't see any other possible "bad faith" usage. The content is strong, the community is interactive and it relates directly to the domain name and is descriptive (though using a TM name), thus creating interest in the domain. If the numbers are accurate, it is popular and well viewed.

I can see Google not being able to prevail because the good far outweighs the bad. But nothing is a gaurentee...

Comment #5

Thank you everyone for their replies. Any thoughts on what Mobi Cheap said.

"Do you think the Fansite Scenario outlined by IB ("use it, but don't capitalize on it") will retain it's defense value in the long term?.

What I mean is do you think IP judges or other rule makers might realize at some point that creating traffic to a website is very similar to creating unrealized capital gains - regardless of current monetization arrangement or lack thereof.

As an example, googlecommunity.com can wait until it reaches critical mass, then get a non-infringing domain, use the 301 redirect and put ads all over the place.

In fact that's what might be the optimal strategy for this type of site anyway, even if the domain wasn't infringing. So all that's different is they get some free branding along the way."..

Comment #6

They have adsense on the site...i think google already allows them to use their brand..

Basically, you can apply to use google brands from this url http://services.google.com/permissions/application..

Comment #7

Is that Right? Has anyone used the ask google permission application before and got a yes for using google TM on their website. http://services.google.com/permissions/application.

Thanks newsiness for the info !..

Comment #8

Google has traditionally gone after sites acting in bad-faith. I don't see this site acting in a manner to offend Google nor misrepresent itself as official Google.

Look up the wipo decisions for the term Google and you can clearly see the type of site they go after.

Personally I wouldn't bother building a huge community around that URL but as someone said..they can grab a new url and redirect in the future. Kudos to them...

Comment #9


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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