Using 'Google' in domains and product names! Legal or Not!

Discussion in 'Legal Issues' started by Tom Brite, Aug 16, 2009.

  1. #1
    Hey,

    Im looking at naming my newest product using the word 'google' in it, which would also include the domain name itself!

    Now it will be related to seo and backlinks to gain top rankings in google and using google's webmaster tools so actively helping webmasters to help google but wont be making google any money as is not about PPC or adsense!

    Now im not sure on if i am able to use the word google in my product name or domain name, or if i can bypass that with a legal notice and not missdirect users into thinking it is a product made by google and instead a product made for google using webmasters!

    There are a load of products already out there who use the word google in their domains and product names and some are very well known!

    So if anyone can help (no im not contacting google as they will never get back to me) then that's highly appreciated!

    Thanks

    Tom Brite
     
    Tom Brite, Aug 16, 2009 IP
  2. abluegrape

    abluegrape Peon

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    #2
    It would be copyright infringement as you be using the google brand to your advantage even though you might not having a earning from it. I might be wrong but you wouldnt be able to have any adverts, PPC, banners or anything that would "prove" your earning from googles trademark.

    On the other hand you might slip through the net as you wouldn't be on a hate campaign or earning from the brand just running a blog/website showing others how to use google products to there advantage.

    In my opinion though I wouldn't use google name in a domain as its just not worth the hassle, what happens if you make a really good name for yourself only to be sued by google for copyright?
     
    abluegrape, Aug 16, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    It is not copyright infringement, it is trademark infringement. Don't put google in your domain name unless you obtain express permission.
     
    mjewel, Aug 16, 2009 IP
  4. Tom Brite

    Tom Brite Peon

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    #4
    Ok...

    Anyone know how i can get permission then??

    Tom Brite
     
    Tom Brite, Aug 16, 2009 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    You would just have to write to google, but I think there is about zero chance they are going to give permission to use their trademark in a domain. If your project is some million dollar investment, then it might be a different story. There has to be licensing agreement drawn up with set conditions on what you could or couldn't do with the site, possible fees to be paid, and they would have to go to the trouble of monitoring the site to make sure their trademark isn't be misused. It's far too much trouble for a small startup.

    There are sites out there that obviously didn't get permission, but they are at risk of having their domain taken at any time - or worse, being sued. Smaller sites might pass under the radar, but the minute the site gets noticed, you are at the whim of current policy. They might be turning a blind eye today, tomorrow they might decide to file suit against everyone. Nintendo is doing that now.

    The best thing to do is not include google or one of their other trademarks in the domain name. You'll have far much control of what you can do with the site.
     
    mjewel, Aug 16, 2009 IP