If you check some previous domains dispute, they all mostly have oogle.
In them. So I think google at least want to challenge it...
Well, since you happen to have a domain that has a 'ous' suffix on it with a major company's name ahead of it. I think you might be in trouble. It's no different (in my opinion) than having 'Googled.com', 'Googling.com', or 'Googler.com'. Of course the only domain out of those that is owned by Google is 'Googler.com'. Still, if Google is going to put up a fight with a domain like 'Gewgle.com' (which they did a few years back), I don't see why they wouldn't try challenging 'Googleous.com'. I know that's not what you wanted to hear, but those are my honest thoughts on the issue...
No problem Andy, your comment it is still useful and appreciated.
I wish also to know whether the arguments I have exposed have some fundament, are they sustainable in a (hoping no) challenge?.
:-) and thanks!..
I've contacted Google before on names like this, and any name, they claim, with "Google" in it is a violation of TM law unless you got permission or Google owns it...
Because Microsoftation, Coca-Colated, Xeroxiting, and Volkswagoneer were already taken.
???? Labrocca ???.
JBERRY! stop take this stuff you are taking, it make you ugly.
I hope both you are kidding, so please better specify it.
Otherwise it not seem to me your behaviors are unappropriate for Nampros...
Labrocca's question goes right to the heart of the matter, as far as most TM issues are concerned, and is perfectly appropriate.
"Why register the domain name?" is the UDRP boiled down to it's very essence. What you have here is a contrived argument for registering a domain name with "Google" in it, and it would have no value apart from the fact that "Google" is probably the most valuable domain name on the planet - due to it's singular association with Google.
Go look up the English verb "collate". It means to put things together in order. So, I have a plan to make sculptures by gluing together coca beans. I call this art form Coca-Collation, and I swear to you, it has nothing to do with soft drinks.
The grandaddy of all cybersquatting cases involved panavision.com. A lot of people don't realize that the domain registrant had a live website with pictures of the town of Pana, Illinois, so that, he said, was why he registered panavision.com.
These sorts of things on Namepros are otherwise known as what the Googly Bear leaves behind when he does what bears do in the woods...
Perfect timing for that call-back jberryhill!!!!.
All kidding and jokes aside I won't go so far as to call the name hideous... but your blatent attempt at trying to convice yourself and others with your 1-5 scheme just doesn't cut it for me.
You do not under any circumstances have a sustainable argument... all of your point are incredibly weak... considering there is 1 reason, and 1 reason only to ever register a domain name consisting of the letters g o o g l e in that order.
You can add sauce, gravy, mustard, or ous... but if it walks like a duck, and talks like a duck... it's must be a duck.
That's for the mods and admins to decide.
Back to the question: why?..
This is the second legal thread started by this guy that simply seems like trolling to me. How can he possibly believe some of what he is saying. What's his next thread?.
"If I have someone else's Godaddy account password and I transfer all his domain to me is that stealing?"..
No, the Google search engine (which only began recently in the 1990s) does NOT have the automatic rights to any domain name containing the word "google." However, again there is the matter of the particular usage of your domain name website to consider, which cannot deal with a search engine called Google in any way.
The "reasons" you listed for having such a domain name sounded quite bogus, but what follows is what a REAL "google"- related site could be (although I don't know why the heck you'd want to bother doing it):.
Usage of the word dates back to the turn of the century (early 1900s), and the term "goo-goo" eyes, meaning a guy "making big eyes" at (ie checking out) a pretty girl. This big-eye term also echoes the large rounded "goggles" of the late 1800s, used by motorists driving the first versions of the automobile.
The next major emergence of the goo-goo eye termonology came a few years later in the 1920s, with the popular newspaper comic strip featuring a bug-eyed rube named "Barney Google." Soonafter, an equally popular song about it hit the airwaves, called "Barney Google (and his goo-goo-googally eyes)." So as you can see, the term "to google" always meant to take your eyes and use them to stare at something very closely, which is why it would then be a natural kind of name for an internet search engine.
(I'd also bet that the Google people would have loved to use ol' Barney as one of their icons, but copyright rules prohibit it, unless they wanted to spend big money to license the character.) Speaking of which, the way the owners of the comic strip syndicate that owns Barney Google could look at it, "Google" uses part of "Barney Google" in their name, therefore THEY could be in copyright (if not also trademark) violation!.
But getting back to your site, to be free of legal problems, it would have to be a non-money making fan site about Barney Google, with links to Barney Google toons and history, etc., with NO mention of the Google search engine. So good luck, new Barney fan!..
The article it is quite long, thus I have thought to make the life easier for you.
The parts in black are those inherent to the topic while those in blue are notes that do not influence in any way the dealt subject.
If you want to go straight to the core you read only the parts in black. Thanks!.
The reason for which I have opened the thread is that because reading answers like those that I have received here I was made the opinion that the guys at Google were not anymore those shining minds that appeared at the.
Beginning, but I started to suspect that success and the money had transformed them in the usuals stereotypes of those overbearing ones, arrogants - ignorants etc, whose finally have caught up their true scope..... = to have the power..... to behave like the overbearing ones!.
Going to regard their philosophy on Google website I have found there again the principles they have inspired to the company from the very beginning and that I appreciate to 80%, (some 20% , if Google it was mine, I would have avoided, but this is another story).
This contradiction has left me with the large doubt: could they be such great hypocrites?.
Standing at many comments I read here and everywhere it seem yes, at the point that it look like they spent part of their time to go around just to pick up anyone is using, words even vaguely, sounding g- o-o-g-l-e like , and they have fun in to put them in trouble and to squeeze money out of them!.
In such state of doubt , even if I am quite sure that I am not doing anything wrong with Googleous I thought , better to ask.
Here is the idea.
At the beginning of the thread I have pointed out to one cultural valence of the term googleous. At that time I did not succeed to remember the appropriate term in order to then define the idea but it returned me in mind and it is NEOLOGISM.
For definition a neologism it is a word, or a phrase, that it assume a new even original meaning and that become part of the common language..
In the last years the phenomenon of the neologisms has caught up extremely immense proportions species among the youth, at the point that have been constituted a parallel language.
A neologism may have various origins but for sure it come out from someone that for first has invented it or start use a word in such new way and the others liked and then adopts the use of it, in always greater number until that word it becomes a common way to say.
The advent of the mass media has favorited a lot the spread of the phenomenon of the neologism and the Internet it is one of those media.
Just for it's peculiar characteristics a neologism cannot in any case to obtain some type of "protection" against the improper use.
Does not exist anybody on the face of the earth who can have the power to prevent to people from use a certain word or to pretend any right on it or to pretend anything for it's use, to the maximum, for issues of personal prestige to the creator of a neologism could be recognized the intellectual paternity, (not property!) and this is my case, that's why I have registerd a Domain named GOOGLEOUS.
I found that register a domain name can be a cheap way to estabilish a record at a sure date:it give no legal protection, but eventually, if it gain success I hope my personal reputation would have some benefit, that may help in business. Here therefore the project.
Launch a competition asking to represent concepts like, generous' abundant, gorgeous , beauty, variety ', fabulous, and anything that it represents the splendor of the nature or extraordinary events, also of fantasy, ecc. to associate them to Google, or more better, not directly to Google in how much the brand but in reference to the variety', the extraordinary quantity' a of the production of high quality of ideas of Google, and especially to the positive philosophy that inspires the Google company.
The best ideas would be then used to print on t-shirts and other media the phrase "Wow, that's googleous!".
I thought would be cool to join the Googleous.com site with some of those "click to donate" initiative and try to boost donations with the slogan "Be googleous, donated now!.
This would also further promote and to stimulate the spread of the neologism and would ulteriorly enforce the connotation of the term googleous whit positive meaning.
Be googleous! =would mean, be very, very generous!.
Naturally I have taken in consideration various hypothesis, hence also that the same neologism could be used for the opposite scope, that is to connote the Googleous adjective with negative means , and probably it would work equally well.
I imagine many out there are those who could be tempted or interested to use it this way, but not until I have the possibility' to make it positive.
From the sales of these objects I hope to gain enough money in order the artist will make some money and in order to maintain a site.
Now I wonder, does exists some possibility that I have not considered for which I could have problems? Special thanks goes to bluesman, for have not only emphasized the situation for the benefit of all the community but above all for the respect that however demonstrates of having for the other people's ideas, independently from the fact that you share them or not.
In my case this your behavior it is particularly appreciable because my ideas do not have never despicable intentions but they represent just alternative creative proposals ...
Dude, Just break it down like this: www.GoOgleOus.com (Go Ogle Ous).
And forward it to http://www.Ous.com (a search engine).
You are just telling people to Go Ogle (stare at) Ous.com.
Case closed. You win...
Having a valid reason is much different than inventing one. No one will believe that explaination. But I will admit it is a good try...
I thought creme was OT ! (But I appreciated the creativity).
I think I have more than one reason exposed already, I think I am ok.
I replied just to expose it, also I hope it could be useful for others for future reference.
Nice point out DNQuest,I completely agree,.
It is always a pleasure to read clever comments...
Nawww, I wouldn't go that far. The guy is cute, but not evil.
Genial, I get your point. Bottom line - you wouldn't win. And, whoever it was, you are also correct that trademark laws are not automatic monopolies, but let me tell you story...
I was having a talk with TM counsel for Nokia about UDRP proceedings, and we agreed that it's pretty hard to conclude anyting other than someone had a trademark in mind when they registered a domain name having "NOKIA" in it. So I told her that someday I want to start an auto dealership where I sell every brand except for one type of Korean car, and I would call my dealership "No Kia".
We laughed. And we laughed becaue it is funny. The bottom line is that when you have to go that far out of your way, you reach the point where even the truth is stranger than fiction...
Google is actually math term... how can they TM something named off some one elses LAST NAME how is that possible? What if the google family the family of the guy who thought of google/google-plex made a site with google in it? How do they deserve it more?..
The term you are referring to is googol, not Google...
Reading Genialnames comments I just can't help to think this guy doesn't get it. He seems to be an idealist.
Btw-if you want to start a site about NEOLOGISM then register NEOLOGISM.BIZ. It's available...
So I told her that someday I want to start an auto dealership where I sell every brand except for one type of Korean car, and I would call my dealership "No Kia".
Off topic here, but here is a fast but true story. When GM decided to sell the Chevy Nova in the early 90s in Mexico, it was the worst performing car sales GM ever had. GM couldn't figure out why until why they were asked why they would sell a car called "no go". That's "no va" translated into English. lol..
I didn't mean you had bad intentions, but I was pointing out a real scenario wherein the Google people would not be able to bother you. An art site about Barney Google would fit the bill, and in fact by now the old comic strip he was in is probably now under public domain, anyway, so you wouldn't have to worry about any backlash there, either...
I have read this explanation in the "about us" page of google website..
I also I've read somewhere else that a Google (exactly a google)it is a traditional cakethat is used in hebrew weddings, that when swallowed it make one's throat to sound like google......
Do anyone heard about this?.
But standing at their explanation Google itself would be illegal too, at least following the reasoning here , they experessly say that they have played around the term Googol, that was invented by someone else, that's exactly what I have done with Googleous.... do you mean that you are of the opinion I would be automatically sued and then I would loose?.
Jberry, I perfectly understand your point but your example doesn't fit here, let me say it is too obvious and too generic. I am tempted to think It seems mostly you are only trying to sustain your personal position, unless you are engaged by Google itself in order to defend their interests , beyond to what the laws of the TM normally concur, by diffuse information that constitute a deterrent in order to limit an excessive number of attempts to record similar names, which indeed google could do nothing... that I could understand too.
Please, don't take it bad, I am doing nothing personal here, just reasoning about what I am seeing.
Lets take the example of Nokia, I would see better you have cited : No-Kia as two separated words...or No-Kian or NOKI-AN or also.
MANOKIAM (Man, OK, I AM).
Would you still sustain that they are TM infringements?.
Moreover, as already pointed.
Google it is a proper name.
Googleous it is an adjective,.
Here grammar and sintax rules.
I found : googleism.com > taken.
Googleosophy.com > taken.
Googlism.com > taken (Googlism.com is owned by an Australian company ,The Googlism idea was formulated in September 2002 Sometime early January 2004, Google.com adopted measures to prevent Googlism.com from querying the Google servers to find new Googlisms. We are not upset, due to the immense popularity of Googlism.com, we were requesting an average of 15,000 unique queries a day. We have just over 1.7 million unique Googlisms in total and since opening we served around 16 million total searches, or an average of 35,000 searches per day..
Where Googlism.com has received links from thousands of webmasters and websites all.).
Please, not to say that then I want to only hear what I like to hearI believe I am suppling reasonably valid arguments and until that obvious facts invalidates them it is obvious I must continue to support them.
Hey bluesman .....
That's why I added a rep to you ....
( I see you are new here at NamePros , a Rep it is GOOD thing, not bad... enjoy!..
You do realize that "state of mind" is concidered when domains are registered. Creating a way to include a TM in domain is bad faith. You can argue all you want, but the bottom line would be "why did you register the domain with a TM in it?".
Some of your arguements are a little in space.. saying google in itself is illegal... too funny.
Maybe you should read several hundred decisions WIPO decisions to get a better idea how things work.
BTW- this thread could be used to show bad faith. Inventing reasons to use Google's name in a domain and try to get away with it...
Evidently you haven't read the previous articles..
Or I can say you have arbitrarily taken just some word here and build up few sentences.
I breifly resume the core of the topic for your convenience. 1)I would use Googleous as neologism, as pure word (with no dots after it).
2)I have registered Googleous.com because it establish a creation date , I could even avoid to use it as website name.More explantions are provided too. yes,I found it funny and that's why I cited it, but it is not me affirming that, but You and Jberryhill: it is part implicit in your arguments, it is part of the structure of your arguments.
I do not see no one single reference to examples that I have carried and that they are real, I only see an attempt to try to pass me as I am in bad faith.
This could seem that you are in bad faith, or that you think the people who read the post are idiots, do you notice it?.
What is it your opinion about these examples, if you have any? I just wish to remember you that occsionally words are business, just in case you haven't realized it...
You are running along the right lines with your "neologism theory" but I think Google is still much to young to be considered a genericized trademark... so your "neologism theory" while a good attempt, might have to be placed on the shelf for several years. In the meantime, Google may be able to strip you of your name... so does it really matter in the end.
Also, don't be fooled into confusing a very popular, or well know tm for a genericized trademark. A tm doesn't automatically become generic because it's popular...
I get so sick of this crap.
No, I am telling you that your story won't fly, and I'm doing it for free.
You want to go argue that you registered the domain name because of some Hebrew cake, when you've already made it clear you didn't know about the cake when you registered the domain name. Fine. You do that. It's not honest. Yes, once you explain your convoluted reasoning, you will convince the whole world that you didn't have Google in mind when you registered the domain name. Heck, you probably never even heard of them.
But, please, don't go around accusing others of unethical behavior just because they have years of experience in a subject with which you are obviously unfamiliar.
And, no, it's not about greed. If anyone here thinks that Larry and Sergei even know or care about what their legal department is up to, then you are kidding yourself. They have a multi-billion dollar corporation, they hire professionals to "do your stuff", and as long as the company is succeeding, then you don't go tinkering around with what those competent professionals are doing. These kinds of things just run on automatic once you reach a certain size...
That's why I said it's case to case. Everyone and anyone here can give you.
Their feedback, but no one really knows what's going to happen until you do.
Finally reach that "point".
Don't ignore Dr. Berryhill's posts, though. He knows what he's talking about.
So, are you RAW (Ready, Able, and Willing) to go thru it?..
It is obvious you are new to this forum. Dr. Berryhill is a lawyer well versed in domain names. He is one of our biggest allies and one of the most knowledgable. Me, I've only been in this business 4 years... but what do we know... good luck.
PS-Just because someone doesn't get caught doesn't mean it's right...
PPS - intent in a factor in WIPO decisions.
PPSS- did anyone else catch the second definition for neologism?..
Well he went and registered it. So for fun I am contemplating sending google a nice email about this thread and the registrant who used his real whois info. It should be fun to see the WIPO. :-).
Let's give him the opportunity to test all his wonderful ideas out...
Listen to jberryhill. And get that terrible smile off your face also. I hope you feel ashamed of what you said. "It should be fun to see the WIPO." ppfftt (no I'm not farting).
Your posts are simply not nice labrocca. He asked for your opinions on his domain, not him, so don't comment on what you think a person is like. Keep it to yourself mate. What you said sounds pretty immature..
Try to keep it nice...
Though I don't agree with what Labrocca said, I see why he said it. A newbie asked our opinions, he didn't like what we had to say and proceeded to basically tell us we have no idea what we are talking about. Labrocca's post is just frustration, I don't believe he will actually do it...
That was just frustration talking. And while I might not do it someone else might. It's again foolish of him to even start this thread if despite all our advice he registered the name. I don't believe anyone here told him it was a good idea. Nothing worse than someone asking advice and overwhelmingly doesn't listen to the masses. This thread alone would cause him to lose a WIPO decision pretty fast.
I know he has a language barrier but despite that he appears intelligent. I just don't see why he can't figure some of this stuff out...
While at it, anyone wanna wager how soon the domain name will: a) change.
Its contact details to google's, or b) be deleted?.
It'll be amazing if the thread starter will keep it, especially after a year...
It'll be equally amazing if Google notices or cares. People perceive the world in different ways. A few years back, I had a guy who was convinced that Coca-Cola could be challenged on the basis that it is a descriptive term referring to a beverage made with coca and cola extracts, regardless of the fact that it is the most readily recognized trademark on the planet and known to billions of people as referring to exactly one thing. It took me weeks to get the guy to leave me alone...
Unfortunately another comment insignificant and still OT.
If I had to answer point to point only to the last comments that I have received till now , I would fill up the forum of other trash, that is not my intention..
Also I want to completely dissociate my person from those comments that I found seriously offensive in the respect of Google, of the WIPO and of the intellect of the Members of the Name Pros community.
Instead I will continue exposing this Googleous plan that seems it is encountering the favor of an always increasing number of members of Name Pros, and successively hopefully in the Internet.(Who can say? The last generations are smart and faaast!.
Evidently the new ideas have always appreciated a lot , species if they can makes you to earn nice incomes without hard work and having fun!.
I hope that Google comes to know of this project.
So if there is some objection or some correction to make at least we will have the huge opportunity of having a opinion indeed important.
Unfortunately I am the only one who cannot go itself to ask a opinion to Google, for the simple fact that would be like I am asking an authorization but, thus making, implicitly I would admit that my idea falls back in one of the cases for which it is previewed to demand one authorization, but it is not that the case!.
I would ask Google simply if the idea appeals to them and, eventually, if they want give to me one little help to realize it at the best, even putting to disposition a bonus of ads or offering some incentive for the artists.
I would reinvest a huge part of the revenues in buying ads on google.
If it works I promise I will bring Google in the real life, in the homes, in the street, in the schools, in the cafe', in the disco, everywhere there are real people, and with a positive image!.
I would start with a contest.
Here are the premises: Anything is massively gorgeous, beautiful, astounding, generous, it is Googleous! 1) Make an example of what for you it is Googleous.
2) Tell a phrase or illustrate it with a picture.
All the works will be submitted to a popular vote and the 20 most voted works win $$$!.
All the works that will be voted and have received a minum score will be printed on t-shirts, posters,bags and on various other gadgets and sold: You get 70% of the earnings! Google it is googleous, googleous it ain't Google!.
I hope this clarify completely the situation..
For how much I can see I can't find anything that could be in anyway offensive or it break any interest of anyone, eventually it bring only advantages..
Am I correct?..
In that case, all I can wish you (aside from Merry Christmas) is good luck.
Just a favor though: do let us know what happens in the next few months or.
I want to smoke what this guys smokes cuz it's some goooood sheeeet. It must kill brain cells by the billions.
Goodous luckous on yourous googleous.
I was thinking of registering cocaous-colaous or yahooous..maybe he is onto something...
No. But if you wanted to post this in the "obscure business plans" section of the forum, then why didn't you?.
You posted it in "legal issues" for a reason. If you are finished discussing legal issues, and the nearly unanimous consensus that this name is a loser, then can you take the recruiting elsewhere? Wonderful. Go. Be happy. Enjoy life. Plenty of people feel the same way about smoking dope. It's still illegal, but, hey, life is too short not to enjoy yourself...
I posted my idea here , before to post it in the business section, because of the peculiar nature of it and because this forum exist for such questions. Ok, so now we know the real reasons behind your (and of your few friends) non ethical and quite offensive behavior: just a personal prejudice against the name itself. Can I ask you why you use this forum for doing that? (It would be a behaviour out of place even in the rest room...IMHO) I wonder if you can realize what could happen if all the members of NamePros will start to use the forum in the same way and aimed by similar intentions. (BTW I have to investigate how "googleous" sound when it is pronuciated in english ) It is not me that I decide if it works or not, I will launch the proposal, then if people they like then it works, if they don't,no problem.
I am absolutely sure that Google do not have the (negative) power to prevent the people to say what googleous mean or to use this word, if they wish it.
And thanks, it has been an hard but instructive trial...
Can you explain to me what is unethical about expressing the opinion that your contrived justification for registering a domain name containing Google as it's primary component would not stand a chance of prevailing if challenged?.
You asked for opinions. You got them. Whether you like them is your problem...
Genialnames... I'm sorry, but your behavior is totally unprofessional. Talk about the pot calling the kettle black!.
I think you better sit back and reread this entire thread before making another futile post... offending knowledgable members for offering free advice to save you from a disastrous fate is totally uncouth..
Hahhaha I had fun. had a good laugh. feeling refreshed.
Now back to coding..
I take offense to this. In your first post on this thread, you state where you learned all your knowledge... Many people here have given thier PROFESSIONAL opinion to an uninformed person free of charge. Many of us have learn other knowledge outside of this forum, many of us research outside this forum. Many people have been in the business for many years, some people here are actual laywers who have fought domain cases. Then you turn around and call us unethical where you are clearly violating TM law (use any cute clever scheme you can devise. or whatever, you have bad faith intentions).
You don't want to listen to us, fine, but under no circustance should you say what you said for receiving GOOD SOUND ADVICE. If you don't like what we have to say, go somewhere else, they will tell you the same thing we did...
I also take offense to being called Labrocca's "friend". And I take offense to DNQuest taking offense at your taking offense to his offensiveness...
Genial, if ever google does take the domain name away from you, don't bother.
Complaining about it there.
After all, you've been given honest feedback you apparently didn't want...
Haha...I got a good belly laugh out of that one.
I think we are done with this guy. He has his own ideas anyways. He can say these forums are green all day long but they look blue to the rest of us. Good luck bro...you are gonna need it. Not only is your name in poor legal position but the idea you have for a site is rather atrocious. I still can't be sure what you think you will do with a site that's googleous.
Then google will go after you and smack you back a few notches. It won't be the first time that's happened. :-).
Enjoy and boy this threads been fun fun fun...
Blue?! they only look green to me. my eyes are firmly set on the reputation biscuits. I cant see anything else...
Now, THAT'S funny! lol Sheesh, I agree.. it's threads like this that made me stop doing appraisals, lol. Some people apparently just will not listen....
Sorry for you guys but the girl(even if she's manic) has beated you all. No doubt.
She is the only one who made a pertinent comment, properly focused on the subject, the rest of you are talking about something else,completely out (of head?).
She said: Only I don't understand what the last affirmation implies..
What is the difference between popular and generic trademark, in such scenario ? .
Is it generic referred to an original name, intended like an invention, a term that doesn't exist before, not in that form at least (like coca-cola or google itself) that become so popular to become generic? (or better : generically used to identify a specific product?) Is it that?.
Someone once said....
It is not important what they say, but that they talk about it..
Take it like the term "windows" ... no doubt microsoftation owns the trademark for the name, but that doesnt stop the X Windows system or the innumerable windows managers on Linux based systems to come up and prosper.
[on a side note, have a look at this article: http://www.internetnews.com/bus-news...le.php/3311641 ...] here you have Lindows and Windows locked in a tussle.
Google is not yet synonymous with search. In fact their recent forays into non-search based web applications like email and IM etc may very well reduce the chances of google being thought of as synonymous with search. (like how we say : I googled this, and lets google that and check ...... ).
I guess just put up the site that you have in mind (spend about 3-4 days on it), and see what happens. At the most, you'll have to take down the site and hand back the domain to google... so fine... you'll learn something first-hand.... then go out on the World Wide Web and blog, blog, blog on how google took away your domain. what better way to get well known in the blogosphere.
So there you are !! if you're willing to think positive, there's something positive in everything !..