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18 Comments
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Another great post Jason.
Great article
Very interesting. Looking forward to more from you.
Looks like the USPTO may be
Looks like the USPTO may be moving in favor of www.iirgroup.com in the GMAIL TM debacle. Would be a blow for google if this is the case but the latest ruling shown in the USPTO filings certainly tips the scales in IIR's favor IMO.
Thoughts ?
IIIR was even later in the
IIIR was even later in the game .. Ali G had a service called gmail from even before their product. "G" representing the slang for "homie", "bro", "dude" etc.
Example: "Yo nigga, wut yo G mail?"
latest TM info
If you want to track this dispute see the USPTO link below, google have recently responded to IIIR's cancellation petition & I have to say their argument looks very weak at best.
http://ttabvue.uspto.gov/ttabvue/v?qs=78395746
They don't even seem to think that IIR used GMail in commerce in the US prior to 2004, a simple check reveals that it was launched in 2002 - surely their team of 14+ TM lawyers could have found this out ?
See below an extract from a
See below an extract from a recent trading statement made by IIIR, looks like they have plans to escalate the issue in the public arena.
When google offered a settlement before IIIR was going through difficult times yet still declined to settle as they have integrity. Now despite googles actions meaning they closed down a whole product line they are going from strength to strength.
-------------------------------------------
"Meanwhile regarding the ongoing dispute with Google over its use of the Gmail
mark, for which the Group has prior pending trademark applications, the Board
notes that its criticism of Google's use of third-party intellectual property is
now being echoed by much larger software, technology and media companies such as
Microsoft, Viacom and CBS. Microsoft General Counsel Thomas Rubin, in
particular, has accused Google of "systematic copyright violation". The Group
increasingly believes that Google's stance on intellectual property is
indefensible and expects to announce shortly an initiative to raise the profile
- with investors, advertisers, users and regulators - of Google's approach to
intellectual property. The Group re-iterates its commitment to protect Group
intellectual property."
If this company owns the
If this company owns the trademark then fair enough. Why doesn't google (who controls the domain) ofer to buy it legaly? Or else, if the second company insists on using the domain gmail.com itself it should offer to redirect emails addressed to .gmail.com to a corresponding .googlemail.com address. They won't win any friends making thousands of users change their email adds.
I've heard of IIIR
I am a shareholder in IIR so have obviously heard of them, I think we are doing the right thing protecting our IP from a company that has no regard for TM rights.
As a public company they are simply doing what is best for their shareholders which is there responsibility at the end of the day.
As you have been through
As you have been through such an experience you should be able to understand the stance that IIR have taken.
Remember IIR began using GMail in the US in 2002 way before google launched GMail, a simple search by googles TM lawyers would have turned this up but they choose to ignore.
IIIR had first use in commerce so the TM shoudl be theres. Google also launch their own cancellatin petitions you know, eg they have one know to cancel a AUTOOGLE mark on the grounds its confusing...now thats just being paranoid.
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