Judge: No GMail For You!
Bad news for Google in Germany after a court denied any further action against Daniel Giersch in order to wrangle the rights of the GMail trademark from him. Giersch began using the GMail mark in 2000, four years earlier than Google.
Tied up in court for the past three years, the judge in the case thought it unfair to the smaller party to force further legal costs, especially in the face of the "Googliath," with seemingly unlimited funds.
This seems to have been Google’s main strategy, suing Giersch in Switzerland, Spain, and Portugal. Google’s case was thrown out in Switzerland.
The German court ruled that Giersch had previously registered the trademark and that Google had infringed upon it. Any further appeals to higher courts are denied.
Google will have to call its mail service GoogleMail, instead, already in operation, and matching the name of the service in England after the company settled with IIIR.
This fight may not stop across the pond, though. IIIR has brought its case Stateside, applying for the cancellation of Google’s trademark application for GMail, claiming IIIR’s application predates Google’s. IIIR alleges tricky maneuvering on Google’s part to acquire an earlier application.