A court in Germany today banned Google from using the name "Gmail" for its popular webmail service following a trademark suit filed by the founder of G-Mail. Daniel Giersch (33), started using the name G-Mail in 2000, four years before Google released "Gmail". "Google infringed the young businessman's trademark that had been previously been registered," said the Hanseatic Higher Regional Court in its judgement. "As far as the Hanseatic Higher Court is concerned, the legal situation is unambiguous to the extent that it has not allowed an appeal to the Federal Court of Justice," said Giersch's lawyer Sebastian Eble, from the office of Preu Bohling & Associates. The lawyer claimed that it was It is a legendary victory, because for many Daniels fighting "Googliaths," confidence and financial means run out in the long course of battle. The battle for the trademark has dragged on for three years and has been fought in a number of State jurisdictions. Google has filed lawsuits against Giersch in Spain, Portugal and Switzerland. "Google has announced, at least in writing, to 'fight' my client abroad for as long as it takes before he drops the legal claims lodged in Germany," Eble confirmed. But a court in Switzerland threw out Google's case and now Giersch will file a suit to prohibit Google from using the name in that country. "I have made it clear since the beginning that I will never sell the name," Giersch said. "It is my sole intention to realise my idea for a hybrid mail system. I am absolutely convinced of its success. Neither "G-mail" nor myself are for sale." After the Google lawsuits have ended, Giersch hopes to focus his energies into the further development of "G-mail," which he touts as a new "standard of communication on the Internet." "My hybrid mail system 'G-mail' is an ingenious blend of innovative and well-tried communications solutions," he said. "It is subject to the principles of the sanctity of the post. Google, on the other hand, scans the content of e-mails to blend in adverts. Criticism about this from data protectors that Google has to deal with harms my business. My employees and I are involved in mix-ups on an almost daily basis." Source http://pressesc.com/01183582507_gmail Code (markup):
the 'Gmail' trademark is banned? What will this mean for google? What will this mean for all the email accounts?
Someone will have to find a copy of the decision (and probably translate it to English) to get the facts. But at the very least, Google will likely not be able to use "Gmail" for email services in Germany. How to prevent Google from not using Gmail for anything else in Germany or in any other jurisdiction is for their respective court systems to decide.