Dutch Man Vs. Google

[Dave_Z]

http://www.infoworld.com/article/07/05/10/dutch-domain-owner-faces-google-legal-action_1.html

Google England plans to take legal action against a Dutch man who uses the word "google" in the domain names he has registered. Marcel Van der Werf has registered a number of domains that include the word "google," such as Googledatingsite.nl, Googleonlineshop.com, Googlecommunity.nl, and Googlestore.nl. Google contends that Van der Werf is infringing on its trademark.

Van der Werf is surprised by Google's reaction. "A brand is linked to a product, but not to the alphabet. The name used in the address bar is a way to reach a computer. It is merely an indication and not a brand," Van der Werf says.

Gotta love the 2nd paragraph.

 

[Peter]

Lol a very stupid man.

He will eventually learn, shame it will be the hard way,

 

[mvl]

disclaimer: not all Dutch are that stupid

 

[innavalin]

I would think that the trademark is google, not googlesomthingelse, since there is a trademark for apple, but you often get websites like redapple, which are no illegal..

Just my two cents.

 

[Six]

I would think that the trademark is google, not googlesomthingelse, since there is a trademark for apple, but you often get websites like redapple, which are no illegal..

Just my two cents.

Yes, but apple is a dictionary word, Google is not (although it is based upon the maths number googol), so if Google is in the domain, in most cases people will assume that it is one of Google's own sites.

 

[creme]

The guy is right.

Google screwed itself when it allowed it's name to become a verb. Kleenex and Xerox went thru the same thing - Xerox had to issue press releases and do all sorts of other press to stop people from using the word "xerox" to describe a genric photo-copy. Once it becomes a verb, they lose a lot of their normal trademark protection.

Google is a verb in the dictionary:
http://dictionary.reference.com/browse/google

 

[iNod]

This ought to be interesting as Google is a verb, however it was kind of dumb registering GoogleDatingSite.nl and GoogleStore.nl thats just asking for trouble.

- Steve

 

[Dave_Z]

The guy is right.

Google screwed itself when it allowed it's name to become a verb. Kleenex and Xerox went thru the same thing - Xerox had to issue press releases and do all sorts of other press to stop people from using the word "xerox" to describe a genric photo-copy. Once it becomes a verb, they lose a lot of their normal trademark protection.

Google is a verb in the dictionary:
http://dictionary.reference.com/browse/google

I use kleenex to wipe my hands dry and xerox my personal papers for backup.
But does a dictionary dictate what is and what isn't a trademark?

Unless it's changed by then, the first entry from that link gave me this:

A trademark used for an Internet search engine.

Apple is also in the dictionary, yet it's also used arbitrarily (hint) for computer
products. Is Mr. Van der Werf even using them in the so-called generic sense?

His beliefs are likely going to cost him, especially when he's up against one of
the most well-known brands on earth.

 

[Dave_Z]

Update:

http://www.infoworld.nl/idgns/bericht.phtml?id=002570DE00740E18002572DD002EB127

The Dutchman who had a conflict with Google UK Ltd. about a number of domain names has stopped using the domains.

Internet entrepreneur Marcel van der Werf owned eleven domain names that used the word 'google' or 'froogle' in their addresses: seven were .nl domains, three .eu and one .com.

Because some of the sites were hosted in the U.K., it was Google's U.K. subsidiary that asked Van der Werf to stop using addresses with the company’s trademark in them. Van der Werf refused, arguing that a word in a URL is not related to a product or a registered trademark.

Last week, Google UK announced plans to file a lawsuit against him. On Tuesday Van der Werf agreed to stop using the domains immediately. "All Google links are now offline and taken off registration to prevent further escalation of the juridical conflict," Van der Werf said.

 

[Damion]

He is also owns:MICROSOFTWINDOWSVISTASOFTWARE.NL :lol:

There was a whole discussion on a Dutch website where he was "justifying" these TM infringing domains.

 

[Six]

He is also owns:MICROSOFTWINDOWSVISTASOFTWARE.NL :lol:

There was a whole discussion on a Dutch website where he was "justifying" these TM infringing domains.

That figures, though I wonder what he'll do if Microsoft decides to go after him - try saying that THAT domain is not a brand? :hehe:

I take it however that he's fairly new to domaining?

 

[Damion]

He actually says it's the perfect domain for advertising such a wonderful product :gn: :lol:
Also a funny thing he mentioned is that his GoogleDatingsite.com had 2 million members each paying €100 Euro!

 

[Six]

Also a funny thing he mentioned is that his GoogleDatingsite.com had 2 million members each paying €100 Euro!

Somehow I doubt that'd be true :p

 

[Dave_Z]

Also a funny thing he mentioned is that his GoogleDatingsite.com had 2 million members each paying €100 Euro!

If that's a joke, it's an expensive one.

 

[Damion]

Well if it couldn't get any better Dave, he now plans to sue Google for creating access to illegal content by usage of the Google search engine.
This should be reported soon on English websites as well i think.

I think he's in for a heap of trouble.

 

[kwan]

I don't think you should take him too serious. If you google his name after about 500 reports on google suing him, you find him pretending to be a diamond salesman because he owns diamondstore.something and after that an adult forum where he offers his services as a driver for prostitutes

 

[smartpc]

stupid is what stupid does..dooh!!!

hasn`t got a chance in hell.....of defending that.... microsoft go after people using "windows" in there domains and selling software.....must have money to burn or he`s burning to much down in his local coffee shop....

 

[Six]

stupid is what stupid does..dooh!!!

hasn`t got a chance in hell.....of defending that.... microsoft go after people using "windows" in there domains and selling software.....must have money to burn or he`s burning to much down in his local coffee shop....

Microsoft are even more likely to go after people with "Microsoft" in their domains :hehe: so with both trademarks in, no chance!

 

[MoneyClicker]

This guys is somewhat narrowminded so it seems, not everyone from Holland acts like this clown

 

[Dutch]

This guys is somewhat narrowminded so it seems, not everyone from Holland acts like this clown

Thanks for that, MoneyClicker

And in case some of you were starting to wonder: :notme: