Google Sending Cease And Desist Letters Just For Using Google Logo
from the morons-in-a-hurry dept
Well, we know that Google gets dragged into bogus trademark lawsuits all the time, but that doesn't mean Google should be making bogus trademark claims itself. The latest is that the company's lawyers sent a cease & desist letter to a guy for using the Google logo on an informative site where it was explained how to get your business listed on various search engines. While it is true that you need to protect your trademark or risk losing it, it's ridiculous to think that this is a case where the trademark is being infringed or needs to be "protected." Google's complaint is that this somehow might confuse people into believing the site was associated with Google and lessens Google's ability to make money. If we pull out the ever popular moron in a hurry test, we find that Google's claims don't stand up. No moron in a hurry is going to think the site is officially associated with Google. As for hurting Google's ability to make money, this is a site that will get more people to use Google -- which is Google's exact defense when newspapers flip out about Google linking to them.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Whats the big deal
-Drew
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Re: Whats the big deal
Actually, that's not true. The logo and graphic is theirs, but they don't have the right to force you to stop using it in many cases. Don't fall for the myth that trademark gives you full control over all uses of the mark.
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Re:
If you look at the site in question, it's pretty clearly not supported by Google or any of the other search engines.
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Re: Re:
I haven't looked at the sire yet (shame on me), but remember, what is clear to you, an 'expert' in the area, may not be clear to the average moron with a dial-up modem connection.
So far, I'm siding with Google on this one - you can mention them, but should not use their graphics without their permission. Google is an internet entity and any use of their logo on an internet page could be deemed as infringing or confusing.
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I agree with Andrew
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I looked at the site...
While I'm not sure if they actually have a real case or not, I would have ignored it if I were them. I doubt people would have used this as a "use it or lose it" sort of scenario AND i doubt that Google could do anything by benefit from it.
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I suspect that if they were listed in the #1 spot on his page the cease & desists letter would never have been sent :)
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uh, so ask for permission?
Perhaps the ONLY issue is using it without permission, and they would gladly give this permission if asked. Lets find out. Setting a precedent of allowing use without permission can cause all sorts of legal problems down the road.
RC
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Link to what?
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More Google: Official Logos
"Google Logos
Although we'd like to accommodate all the requests we receive from users who want to add a touch of Google to their sites, we are passionate about protecting the reputation of our brand as an objective and fair provider of search results. We allow use of the Google logo by express permission only. Please review our Permissions Requests page at http://www.google.com/permissions/index.html. If you have received permission to use the Google logo, you may wish to use one of the stickers below. "
http://www.google.com/intl/en/stickers.html
and again
" All of our trademarks, logos, web pages, screen shots and other distinctive features ("Google Brand Features") are protected by applicable trademark, copyright and other intellectual property laws."
So, if you use the logo without permission.. then you break their TOS for using the logos. Is that not clear enough? I don't quite understand how the question of use is.. If permission is not obtained, then it cannot be used correct?
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Re: More Google: Official Logos
Just because Google says it's so, does not make it so. Despite what they claim, Google does not have 100% control over the use of their logo. People can use it for a variety of reasons that does not violate Google's trademark. This is a perfect example where it should be legitimate.
I'm not sure why everyone seems to think that Google has complete control over their logo. They do not.
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Re: Re: More Google: Official Logos
...and your legal argument for this claim is what?
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Re: Re: Re: More Google: Official Logos
Trademark law? The Lanham Act?
You are allowed to use a trademarked logo if it's not causing confusion over whether or not the brand has sponsored the content.
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Re: Re: Re: Re: More Google: Official Logos
not sure where you're getting your info, but it's ignorant of the law on these matters.
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Re: Re: Re: Re: Re: More Google: Official Logos
Sorry, common sense, but in this case, it's actually you who are wrong. I pointed you to the Lanham Act. I'm not sure why you then say "not sure where you're getting your info" because I told you where I got it. Go read the Lanham Act.
As for defending your trademark, it's true that you need to defend it -- not for *every* use without permission, but only those that violate the trademark. A mark used within fair use isn't in violation, and therefore you do not need to defend it.
For more from lawyers on the topic:
http://kevin.lexblog.com/2007/08/law-blog-basics/can-you-use-another-companys-logo-on-your -blog-post/
"As a blogger, you've got the right to use logos under the Fair Use Doctrine. The same protection that comes with using portions of others' content for critique and commentary, whether it be a blurb from the Wall Street Journal or a block quote from another blog, applies equally to using corporate logos."
http://www.erikjheels.com/2007-07-13-freakonomics-cleavage-and-fair-use.html
"If you are writing and commenting about a company, product, or famous person, then it's a no-brainer that it's fair use to use the company's logo, product image, or headshot in your blog post."
http://www.publaw.com/fairusetrade.html
" The Lanham Act permits a non-owner of a registered trademark to make "fair use" or "nominative use" of a trademark under certain circumstances without obtaining permission from the mark's owner. The fair use and nominative use defenses are to help ensure that trademark owners do not prohibit the use of their marks when they are used for the purpose of description or identification. Fair use or nominative use may be recognized in those instances where a reader of a given work is clearly able to understand that the use of the trademark does not suggest sponsorship or association with the trademark owner's product or services and therefore is not being used in a manner to confuse the reader."
http://www.hklaw.com/Publications/OtherPublication.asp?ArticleID=2815
"Courts have long recognized that a company can use a competitor's federally-registered trademark without liability for infringement, if the competitor's use is a "fair use." The Trademark Act of 1946, commonly known as the Lanham Act, expressly permits fair use as an affirmative defense."
There's plenty more from where that came from...
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Re: Re: Re: Re: Re: Re: More Google: Official Logo
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Re: Re: Re: Re: Re: More Google: Official Logos
Mike is on the ball with this one, sorry buddy, yet you need to get back to the law books.
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Re: Re: More Google: Official Logos
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Re: Re: Re: More Google: Official Logos
Erica, sorry, no. Neither copyright nor trademark law gives Google full control over the logo. Both trademark and copyright law allow for fair use, and trademark law (and this is a trademark issue, not a copyright one) has pretty clear standards for fair use, so long as the mark isn't used in a way to suggest endorsement.
So, in the end, it is NOT up to Google as to who can and cannot use their logo. It is true that they can say in many cases -- but not if it's protected by fair use, which it seems likely in this specific circumstance.
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Oh, Google you morons
I'm going to advertise Firefox (I use it anyways), but now I'm going to put info about AdBlock on my page so people realize they don't have to look at all those crappy Google ads on every webpage. I hadn't realized how much crap I was missing using Adblock and FF until I used IE at work to check MySpace.
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Time to Start Hating Google
I'm sickened by this.
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lawyers
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Dll3.Cc
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roro90
-roro90.com--roro90.com- -roro90.com- -roro90.com--roro90.com- -roro90.com- -roro90.com- -roro90.com- -roro90.com--roro90.com- -roro90.com--roro90.com
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