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112 Comments
- JoeRandom, on 10/12/2007, -5/+51I think what is worse it that they didn't even think to register the local domain names before gmail went live.
- godofpumpkins, on 10/12/2007, -16/+58When it comes to trademarks, a company is required to be "petty and stupid" or they lose the right to a trademark. If you aint protecting it, you clearly don't want it, according to the law, so things like this happen. It happened to a few digg clones with the word digg in their name a while ago, too, for the same reason. If they had registered the name before gmail became a big thing I might understand letting them keep it (although the law probably wouldn't) but the decision to register gmail was clearly influenced by the existence of google's service, so I don't think they should be allowed to keep it.
- inactive, on 10/12/2007, -7/+47http://www.securitypronews.com/news/securitynews/spn-45-20040623GoogleLosesGmailsUKDomain.html
Google didn't check ANYWHERE if gmail was already registered. In my opinion Google was at fault here, not anyone else. Google never previously mentioned "gmail" - why should other companies worry about making an address which has the same starting letter as another company? I'm losing respect for Google every day. - frakir, on 10/12/2007, -1/+30you need to trademark something in given country, according to country local laws in order to be protected in _that_ country. That is why microsoft couldn't trademark 'windows' in some countries. So until someone confirms that 'gmail' is actual trademark in Poland owned by Google I say they have no case.
- inactive, on 10/12/2007, -2/+23This reminds me of http://www.nissan.com and I think that this is just a dick move by Google. They're the idiots who didn't buy up the local domain. Where are thes people located? If they are in Poland, then do they have have any reason to give a damn about Google?
- Holyfool19, on 10/12/2007, -15/+36Come on, poets aren't real people anyway.
- Barman, on 10/12/2007, -1/+20As a polski, I say "F U Google." I used to love you as a company, but now you're treading on people like you own the f*cking internet.
These folks gmail.pl a.) Got it first b.) Have a legitimate organization to use for the domain c.) Aren't profiting from it by using your trademark.
Seriously, this is so much like eminent domain, where the state takes away land from the poor just so a developer or builder can have their way with a strip mall or parking lot. It's BS! - Weakener, on 10/12/2007, -0/+19GawtMilk: So if a big corporation for some reason started using your name as their trademark, and you owned the yourname.com domain, you would just give it to them without a fight? Don't be ridiculous.
- fatdog789, on 10/12/2007, -0/+16@Gawt Milk:
Sorry, dude, but international trademark doesn't work that way. Just because Google has Gmail in the US doesn't mean it applies anywhere else in the world, especially where another organization had a prior, legitimate, distinguishable--and here, superior--use.
Plus, Google losing Gmail in most of the European Union isn't favorable precedent, since the EU doesn't use the same system of law as the British/American countries do.
The fact that Google waited so long to acquire gmail.pl indicates that it wasn't a necessary trademark of any kind. The fact that gmail.pl isn't being use for email or communication services of any kind makes it distinguishable (like Apple Inc v. Apple Corp).
That it *could* cause confusion isn't enough; Google must clearly and convincingly show that gmail.pl was chosen precisely because it of it's relation to Google, that it WAS intended to dilute or take advantage of the popularity of the Gmail intellectual property.
Given that Google kept Gmail in beta for almost 3 years without acquiring the international domains, Google faces a very uphill battle unless they choose to go the evil route and bring out the army of lawyers. In that situation, Google would win simply because the poets wouldn't be able to afford the legal battle. - AirRaven, on 10/12/2007, -5/+20Why?
Let's say that a company called "Richard Stallman Incorporated" wants the domain "RichardStallman.com", already taken by one well-known GNU activist. They've trademarked the name "Richard Stallman".
What then?
Or, in a case closer to this, let's say that Google want the rights to their brand new "Permanant MetaTransfer Annals" (PETA- just for the acronym. Who says it needs to make sense?) to extend to the domain, already taken by the "People for the Ethical Treatment of Animals".
PETA were there before Google. Why should they have to move off the domain because a large company wants it?
If they were there first, then it's tough luck. If they have a reasonable argument for their keeping the domain name, such as it being related to their business or organisation, then there's no reason that they can't simply tell the company (Google) where to stick their litigation. - pathy, on 10/12/2007, -3/+17If I were in the poet's position, I'd ask Google a few things in return for the domain...
1) To cover the cost of registering a new domain
2) Set up a small link on gmail.pl informing people where the poets new site is
If anything, I think that would get them a lot more traffic, and making sure that when the domain does switch over that people can still find the poet's site. - keveStyles, on 10/12/2007, -0/+13I don't think foreign country organizations are bound by US trademarks. Poland has its own Patent and Trademark Office. "GMail.pl" is registered to "INFO MEDIA Last Minute Services". http://www.uprp.pl/English
- jerbaker, on 10/12/2007, -0/+13Google's new corporate motto: "Don't be evil ... unless there's money to be made"
- footballboy, on 10/12/2007, -0/+12Seems like the lawyers are running Google these days. Oh well it was good while it lasted...
- laterthandawn, on 10/12/2007, -0/+12Poets are easier to pick on.
- GawtMilk, on 10/12/2007, -7/+19"When it comes to trademarks, a company is required to be "petty and stupid" or they lose the right to a trademark."
Exactly, only it isn't called being petty and stupid, it is called "defending your trademark". Although, you end by saying that they did it because of GMail. This isn't the case, they have a name in Polish with the initials GMail. The point is that "GMail" is already a name that has been trademarked and copywrited, meaning it doesn't matter whether or not they had the intent to milk GMail's popularity or not, GMail owns the trademark. That is why I cannot register the "People in Entirely Peppy Suits, Incorporated" under www.pepsi.pl, as Pepsi owns the name "Pepsi" already, and if they let me slide whilst I'm infringing on their brand name, it becomes a generic term. - Weakener, on 10/12/2007, -0/+12szym: If Gmail was a registered trademark in Poland they most likely wouldn't have been allowed to register the domain name in the first place. At least that is how the rules work for national domains here in Norway.
- spamzor, on 10/12/2007, -1/+12What happened to "Don't be evil"?
- ajuc, on 10/12/2007, -0/+11In Polish you can place abbreviations of "i","lub","o" etc in acronym.
Just look at those sites:
http://www.pgnig.pl/
http://pl.wikipedia.org/wiki/Związek_Bojowników_o_Wolność_i_Demokrację
and many other. - noahhoward, on 10/12/2007, -0/+11Pretty sure Google is an international company now.
- mc7winkie, on 10/12/2007, -0/+10Account suspended???
- Barleyman, on 10/12/2007, -3/+13I can't believe Google wants to register a perl script. Silly Google.
- spazoidspam, on 10/12/2007, -6/+15man, google is slowly turning into microsoft.
- shakestheclown, on 10/12/2007, -1/+9slowly? it took Microsoft quite a while to turn into Microsoft.
- Kamill85, on 10/12/2007, -1/+9They are aggressors, polish trademark laws don't give a ***** about US.
- Myonosken, on 10/12/2007, -1/+8Why should they? It's their laws.
- bulkka, on 10/12/2007, -1/+8look! http://gmail.ee/ a gang of Estonian cybersquatters here. Why Google is not suing them?
- guyperson, on 10/12/2007, -1/+8http://gmail.net/
Yet they won't do anything about this? - PhilipMarlowe, on 10/12/2007, -0/+7Exactly. Perhaps doing no evil would be a good way of dealing with this situation?
- inactive, on 10/12/2007, -0/+6i'm sick and tired of corporations that think are above the law.
- mc7winkie, on 10/12/2007, -0/+6They don't own the internet. But they control a whole hell of a lot of the tubes.
- iainwall, on 10/12/2007, -1/+7Do no evil?
// Sarcasm, googles right on this one...
BTW, why doesnt google just us gmail.google.pl instead? - szym, on 10/12/2007, -1/+7GawtMilk: "with our own money" -- they cost like $10 on www.godaddy.com, gmail is a trademarked name.
Please, buy me a .pl domain at www.godaddy.com for $10. While they are not that expensive (around $80-85 a year from NASK), you should be thinking $200-250 (relative to actual salaries). Is gmail a name trademarked in Poland? If they were, GMAiL would have no case, but I don't think it is. - goblindegook, on 10/12/2007, -0/+5"The point is that "GMail" is already a name that has been trademarked and copywrited,"
Product names cannot be "copywritten" or even copyrighted, you can only trademark them. Second, and as far as I know, the Polish GMAiL is not in the business of providing email services or serving ads, so Google lawyers would have a pretty hard time proving they are diluting or taking advantage of the trademark to sell competing products. This isn't about trademarks, it's about the domain name only. Google didn't move in time to register it (Why not? They had over two years to do it!), so now they're trying to take it back by force.
OTOH, these guys expressed surprise at finding the gmail.pl domain name available months ago, which doesn't exactly play out in their favour as it could mean they deliberately took it to drive traffic to the site. - inactive, on 10/12/2007, -2/+7Lol google is stupid
- tensvb, on 10/12/2007, -0/+5exactly, google doesn't have any rights to "gmail" name in Poland.
- physik, on 10/12/2007, -2/+6This is a really sensitive subject. On one hand, Google has every right to defend it's trademark. However, consideration must be made as to when the GMAiL organization registered their domain as well as their intentions and use of the domain. If they're using it to compete with Google, then they should be forced to give up the domain. If not, then Google will be painted as the aggressor and that's bad business. (Just ask the RIAA)
- SwissCamel, on 10/12/2007, -1/+5Considering gmail has little if any relation to the site, I can't imagine any other reason they would want it other than to gain popularity off the back of the copyright.
- inactive, on 10/12/2007, -1/+5Not sure how they can sue them if they own it?
FACT:
You can own, pay, register and publish a domain name if it is not taken!
ps
Sorry Google - acernec, on 10/12/2007, -0/+4Totally agree.
- inactive, on 10/12/2007, -2/+6damn you google, dont sue my countrymen. then again, theyre poets...
- laterthandawn, on 10/12/2007, -4/+8And thus, in the second age, Google began to enjoy Microsoft Jr. status...
- alteratti, on 10/12/2007, -1/+5http://en.wikipedia.org/wiki/Category:Polish_poems
- fatdog789, on 10/12/2007, -1/+4Should be "Don't be not evil"
- marinist, on 10/12/2007, -0/+3Oops. Those last few were meant to be gmail.is, etc. (only gmail.is is actually up.)
- DryvBy, on 10/12/2007, -1/+3You're a moron.
- Ninja337, on 10/12/2007, -0/+2Well actually,
Google forgot Poland. - inactive, on 10/12/2007, -1/+3"!!! WE ARE BEING SUED !!!"
It really couldn't be put any better. - inactive, on 10/12/2007, -0/+2domain: gmail.pl
registrant's handle: nta41519 (INDIVIDUAL)
nservers: ns1.netart.pl.[85.128.128.10]
ns2.netart.pl.[85.128.129.10]
ns3.netart.pl.[85.128.130.10]
____created: 2006.11.01____
last modified: 2007.01.29
Looks like Google would have had time to sneak in and grab this domain since GMail was live way before Nov 2006, but they got lazy and are going to use brute force now. - inactive, on 10/12/2007, -1/+3i'm sick and tired of corporations that think are above the law
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