A few months ago i registered the domain name froogletech.com
My and an associate where going to start selling used and new hardware. The deal never went through and the domain just sat there. Now google wants me to transfer the domain to them. I told them id sell it to them, but they said i bought the domain in "bad faith"

Can anyone give me some advice?

This isn't the best place to ask for legal advice... however I would personally give them the domain name since Froogle is trademarked and lawsuits tend to be expensive. :)

Unfortunately you made 2 strikes:

1. You tried to sell it to them. It seems you're not familiar with Anticybersquatting
Consumer Protection Act (ACPA), but one of its provisions indicate it's "bad faith" if
you registered the domain name with the intent to sell it to its trademark holder.

2. You posted the name asking a potential legal question. Never post the domain
name in a forum, especially a non-legal one.

Since you already made mistake #1 (and I don't blame you since many people do
not know this anyway), you'll have no choice but to give it to them. If you're gonna
fight for it, expect the worst.

nah ill probably just give it to them. would of been nice to make some money for tuition tho. :/

nah ill probably just give it to them. would of been nice to make some money for tuition tho. :/

You can still make money for tuition, just under another name that doesn't infringe on any trademarks/copyrights.

There are a few companies that you just don't want to mess with - Google is one of them. ;)

Yep... but honestly, most companies try to keep law suits on the down low... when word gets out about stuff like that, its bad pr. But yea, just give it to them. If you had registered it before they made it a trademark then it would be a different story...

Trademarks don't apply to domain names, however since the domain isn't currently active you're pretty much screwed. If you had an established site that is in no way related to Google, you'd be fine.

Trademarks don't apply to domain names, however since the domain isn't currently active you're pretty much screwed. If you had an established site that is in no way related to Google, you'd be fine.

That's not what I gather from reading over the USPTO website... then again, IANAL :D

I dunno? How bad do you want to fight it and how much prelim work did you do on the name? The next questions are where do you live and what country is your registrar located in?

Do not answer those questions here. Certainly don't give me your answers. Those would be best answered to a specialist.

KGIII

Google is infamous for not allowing anyone to own a domain with any of their trademarks in it, and they will make you give it to them. There's no point in trying to sell it to them, there's no point in trying to fight it, just hand it over and take it as a loss.

I found domain name something like hoogle and they are like 5 years online and google never touched them

Do you know what can you do?

Is "hoogle" in use by Google anywhere? I don't believe the laws cover rhyming names, unless you put up a site with similar look or content.

there are many many many legit reasons you can use a trade mark in a domain name

just having "Google" or "Froogle" does not automatically imply trademark infringment.


I swear IP Law in the USA is getting WAY WAY out of control.

INAL, but I say fight Google tooth and nail until you get served with a court order.

We cannot allow huge corporations to abuse the Internet.

The world "Froogle" may be trademarked by Google, but googletech.com is not.

As for intent to sell to the owner, they'll need to prove he intended to sell it to Google at the time of purchase. Asking for money is not unfair, nor is it unreasonable.

I say hold onto it until someone's actually willing to pay.

Heck, I own a couple Wikipedia-related domains, but they're a non-profit, so they'd be better off just buying it off me as opposed to playing the lawsuit game.

Welcome to the Wild West.

But remember, INAL, and unfortunately, Google does have teeth, and knows how to play the game.

Is "hoogle" in use by Google anywhere? I don't believe the laws cover rhyming names, unless you put up a site with similar look or content.
Yeah, but the "G" and the "H" are right next to each other making it a very common misspelling. So unless you had something without anything even close to Google or Search Engines I think Google would try and get the domain name.

I don't agree. They can protect their name and trademark(s), as well as how they look and operate, but a misspelling like that one probably won't get their attention unless you built a search site using it.
Now Goggle.com or Googel.com...they would likely be acted on, IMHO. Far too similar.

That's not what I gather from reading over the USPTO website... then again, IANAL :D

That's what I gather from the attempted law suit I was involved in and won, and we're talking about a huge company.

Tell them that your just an honest student trying to make money for your tuition. Tell them youll transfer the domain to them if they provide a different one in return.

Tell them that your just an honest student trying to make money for your tuition. Tell them youll transfer the domain to them if they provide a different one in return.
They don't care. Their lawyers are just protecting Google's trademarks, and since he infringed upon them, their job is to get it back. Purposely or not, its still trademark infringement and Google has every right to protect their interests.

They don't care. Their lawyers are just protecting Google's trademarks, and since he infringed upon them, their job is to get it back. Purposely or not, its still trademark infringement and Google has every right to protect their interests.

Again, trademarks don't apply to domain names. Google will win, simply because they have the money to win. I had a law firm threaten me a few months ago for trademark infringement on behalf of one of the largest movie corporations in the world, they gave up when they realized I refused to give in because the domain was in use and had a purpose not related to their movie. They had nothing to sue me for.

A lot of the time the threats are empty, it's a risk you need to be willing to take.

Again, trademarks don't apply to domain names.

Sorry but that's wrong. Domain names presented a major problem for trademark
holders, and that's why measures like ACPA and UDRP were developed.

Guys, these things are treated case to case. It depends on what facts and details
are obtained during the course of things.

I agree,
Companies like Google and Microsoft have employees just for such situations. They know all the rules by heart and you wouldnt want to argue with them. Its just like the company www.adsense.com - they are getting alot of trouble from google,

-Moe

I agree,
Companies like Google and Microsoft have employees just for such situations. They know all the rules by heart and you wouldnt want to argue with them. Its just like the company www.adsense.com - they are getting alot of trouble from google,

-Moe

Since 1995

adsense.com wins.

Sorry but that's wrong.

Seemed to be true in my case.


(EDIT) contends that your registration, use, and exploitation of the
(EDIT) domain name (hereinafter "Infringing Domain Name")
constitute trademark infringement and unfair competition in violation of
trademark law. Consumers who become aware of your domain name may
erroneously believe that your services and/or online activities are
licensed, sponsored, or authorized by (EDIT). (EDIT) considers such consumer
confusion to be extremely damaging. In addition, the Infringing Domain
Name dilutes the distinctiveness of the (EDIT) trademarks by trading on the
goodwill and reputation that the public associates with those
trademarks.

Based on your bad faith registration and use of the Infringing Domain
Name, you may be found liable for violation of the federal
Anticybersquatting Consumer Protection Act. If found liable, the Act
provides for statutory damages of no less than $1,000.00 and up to
$100,000.00 for the infringing domain name. 15 U.S.C. =A7 1125(d).


That's a portion of what they approached me with, they dropped all charges when they realized they had no case and even offered to buy it. The email / mailed letter is too long to paste it all here.

To be specific, it's the current usage and intent behind the domain name's usage
that can set off a trademark holder's radar. Your previous post, however, is one
way how to be able to keep the domain name.

But as you added, it also depends on whether you're able to defend it, especially
if you're dealing with a well-moneyed trademark holder.

On the side, post a copy of your C&D letter to chillingeffects.org. Under domains
and trademarks C&D letters section. ;)

oh.........

Good lucky

For the OP:

Recommended Domain Name Legal Specialists:

John Berryhill, Ph.d., Esq.
4 West Front Street
Media, PA 19063
(610) 565-5601
(267) 386-8115 fax
john@johnberryhill.com

Howard Neu
http://www.neulaw.com
1152 North University Drive
Pembroke Pines, FL 33024
954.431.3990 Voice
954.431.5113 Fax
Howard@neulaw.com

Ari Goldberger
http://www.esqwire.com
p: 856.874.9651
f: 856.874.9182
ari@esqwire.com

Good luck!