April 19, 2005 2:24 PM PDT

Google sues Froogles.com

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Google has sued Froogles.com, charging the rival shopping search engine with trademark infringement.

Mountain View, Calif.-based Google, the No. 1 search engine, filed a 68-page complaint against Froogles.com in the Eastern District Court of New York. The complaint alleges that Froogles.com proprietor Richard Wolfe, a New York state resident, illegally traded on Google's famous name and search brand for profit with a "nearly identical" mark.

"Upon information and belief, the defendant selected the mark Froogles with full knowledge of Google's prior rights in its Google name and mark," according to the filing. "As between the parties, Google is the senior user of marks that incorporate the formative--Oogle for Internet search services."

Google asked the court to shut down its rival and order transfer of the domain name, among other relief.

The case is only the latest legal showdown for Google, whose multibillion-dollar advertising and search business has become a wide target for complaints. The search giant faces several trademark infringement cases of its own, including complaints against its paid-search services in the United States and abroad.

The legal spat with Froogles.com goes back more than a year, when Wolfe filed a petition against approval for Google's trademark, Froogle, which was granted in February 2004. The search giant contends in the filing that its rival has instilled false doubt over Google's legal right to the shopping brand.

The proprietor of Froogles.com registered the Web address in December 2000, according to the filing, but did not use the domain for business until July 2002. Google claims that this was four years after it had secured rights to its Google trademarks. Froogles.com registered for a trademark for e-commerce related marketing services in September 2003.

For its part, Google filed a trademark application for Froogle in November 2002, and was granted the mark in February 2004.

10 comments

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Stupidity
The length greedy and stupid corporations go, never cease to amaze me.
Posted by pcLoadLetter (395 comments )
Reply Link Flag
Google is not greedy
Google has a pricewatch.com style subsidiary called Froogle. FroogleS.com is obviously an attempt to rip them off.
Posted by wazzledoozle (288 comments )
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McGoogle.com
Well, this domain is going to be in a heap of trouble, because they are stepping on both McDonald's AND Google.

What if I become a Rap singer and use a stage name of "Big Mac Google"? Will that give the $500 / hour corporate lawyers heartburn?

"I'm Big Mac Google.
I ain't so frugal.
I steals your logo.
Then I go ho, ho!
And you go woe, woe."
© 2005 Artfulmatters.com
Posted by Stating (869 comments )
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Rapper Big Mac Google.
As long as they have not used the name to market music, you are fine. I don't know of any Big Mac or Google songs, writers or performers. So long as they haven't used the name for that purpose, you are free to. They will still try to sue you. :)
Posted by zaznet (1138 comments )
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Re: MrGoogle
Actually, McDonalds was involved in a Lawsuit against a restuarant by the same name in England.

There is a 5-Star Restaurant in england owned by the McDonald's Family, who also happen to be Duke's, or Lord's or something over the Land.

McDonalds Corp. took them to court to try and get them to stop using the name.

Only thing is, it is THEIR name (the english) not the american companies.

McDonalds Corp lost the suit.
Posted by (2 comments )
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You can always your own name
But God help them if the English McDonald's tried to use golden arches or anything else similar to McD.
Posted by sanenazok (3449 comments )
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Scared
Sounds to me like google is getting Scared! They are losing revenues and are scarted with a little competition. I think they are gonna lose this one because the name is different.
Posted by pmrussell892 (2 comments )
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Google 'Being Evil'?
It wasnt clear from the article, but it sounds like the Froogles domain name was registered well before Froogle was released to the public. If so, Google is violating their company motto and 'being evil'
Posted by (402 comments )
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Good Publicity
I have no idea who Froogle is. But I just went to check them out. I think this will be more helpful then hurtful to Froogle.
Posted by (1 comment )
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