Google Loses Another French Trademark Suit

from the the-French-really-don't-like-our-search-engines dept

Do you get the feeling the French really don't like American search engine companies? They've called Yahoo a war criminal, warned that Google is threatening French culture, and now have misunderstood the purpose of trademark law for the third time as it relates to Google's ad network. As with times one and two, they interpret trademark law not as a way to avoid customer confusion over counterfeit products (trademark's intended purpose) but as giving the trademark owner complete and total control over the trademark. Once again, though, it raises questions about jurisdiction. Should Google have to comply with different interpretations of trademark law in every country from which people access their site?
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  • identicon
    seth, 16 Mar 2005 @ 12:28pm

    If I was Google...

    I would pull out of all .fr domains and block access to any French ISPs. Then see how long before the French start to complain. They can just explain to French users that it is unprofitable to continue to operate in France and if they want things to change, they should contact their government.

    link to this | view in chronology ]

    • identicon
      #898123A511J9, 16 Mar 2005 @ 12:36pm

      Re: If I was Google...

      I agree. Our great corporate masters are too lenient on these anochronistic "nations", it's time France was punished for its insolence.

      link to this | view in chronology ]

    • identicon
      Michael Vilain, 17 Mar 2005 @ 12:05am

      Re: If I was Google...

      IANAL, but does the French court have jurisdiction over a U.S. company with servers in the U.S.? How would the French court implement a take-down order or raid on such systems? Would the FBI and Justice department shutdown these company datacenters based on such orders from a foreign court?

      If either Google or Yahooo refuses to litegate and loose the cases by default in French court, what recourse does the court have? It might be able to freeze French-held assets, which would affect employees in France. But what else?

      Can a court in a foreign country issue takedown orders on servers outside that country? They had cooperation with a copyright infringement case between the European equivalent of the RIAA and the BitTorrent servers in Scandanavia.

      Would W allow both Google and Yahoo to go dark over a court order from a French court?

      link to this | view in chronology ]

  • identicon
    David Rea, 16 Mar 2005 @ 1:21pm

    Easy Solution...

    Google could just refuse to link to anybody who sues them. Or push them down to page 2.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 16 Mar 2005 @ 1:52pm

      Re: Easy Solution...

      That would be unethical and may leave them liable to be sued.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 17 Mar 2005 @ 12:25am

        Re: Easy Solution...


        It is anything BUT unethical� in fact� it about the most ethical possible response. It is letting the punishment fit the crime �you don�t like the way we link to you? Fine. How about we no link to you at all? See if you like the result of THAT, you slender cigarette smoking buffoon!�

        In a way� it is exactly what the French are asking for� it does not open the search engines up to litigation, it is doing what they ASK for.

        I say block �um� and see how long it takes them to change their tune� it seems that they are already so worried that Google will not do enough for them that they are trying to provide a sissy �me too� service for scanning and searching French texts� So how will they like it when they run Google all the way out of the country? How long will it take them to change their stupid �sue first, ask questions later� tune when they see there are CONSEQUENCES for not playing like adults? But then I said that the last two times they did something this stupid.





        link to this | view in chronology ]


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