Links ARCHIVE: Netscape News - Google and Froogle
Arbitration panel and Google don't agree
http://channels.netscape.com/ns/pf/story.jsp?flok=FF-APO-1700&idq=/ff/story/0001%2F20040723%2F2040865938.htm&sc=1700
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SOURCE: Netscape Money and Business
Google's Challenge of 'Froogles' Rejected
WASHINGTON (AP) - Google Inc.'s right to use the name ``Froogle'' for its online shopping service came into question Friday when an arbitration panel rejected the company's challenge of a Web site named Froogles.com.
Two of the three judges on the panel of the Internet Corporation for Assigned Names and Numbers, or ICANN, rejected Google's argument that Froogles.com was ``confusingly similar'' to Google.
``The dissimilar letters in the domain name are sufficiently different to make it distinguishable from Google's mark,'' the panel found. The name Froogles.com ``creates an entirely new word and conveys an entirely singular meaning from the mark.''
The search-engine company's loss has no immediate impact on its use of the name Froogle. But it means that the Froogles.com name will remain with Richard Wolfe, a disabled Holtsville, N.Y., carpenter who started the Web shopping site in March 2001, before Google introduced Froogle in December 2002.
But in a separate proceeding in the U.S. Patent and Trademark Office, Wolfe has challenged Google's attempt to register Froogle as infringement of his Froogles.com mark. And in Wolfe's application to register Froogles.com, a trademark office attorney, like the ICANN panel, determined in March that Froogles.com isn't confusingly similar to any other trademark, including Google.
``Google's right to continue to use the Froogle mark is seriously in question,'' said Wolfe's attorney, Stephen Humphrey. ``To the extent they continue to use the mark, they are infringing on Richard Wolfe's trademark rights,'' Humphrey alleges....
For more click the link provided...
Google's Challenge of 'Froogles' Rejected
WASHINGTON (AP) - Google Inc.'s right to use the name ``Froogle'' for its online shopping service came into question Friday when an arbitration panel rejected the company's challenge of a Web site named Froogles.com.
Two of the three judges on the panel of the Internet Corporation for Assigned Names and Numbers, or ICANN, rejected Google's argument that Froogles.com was ``confusingly similar'' to Google.
``The dissimilar letters in the domain name are sufficiently different to make it distinguishable from Google's mark,'' the panel found. The name Froogles.com ``creates an entirely new word and conveys an entirely singular meaning from the mark.''
The search-engine company's loss has no immediate impact on its use of the name Froogle. But it means that the Froogles.com name will remain with Richard Wolfe, a disabled Holtsville, N.Y., carpenter who started the Web shopping site in March 2001, before Google introduced Froogle in December 2002.
But in a separate proceeding in the U.S. Patent and Trademark Office, Wolfe has challenged Google's attempt to register Froogle as infringement of his Froogles.com mark. And in Wolfe's application to register Froogles.com, a trademark office attorney, like the ICANN panel, determined in March that Froogles.com isn't confusingly similar to any other trademark, including Google.
``Google's right to continue to use the Froogle mark is seriously in question,'' said Wolfe's attorney, Stephen Humphrey. ``To the extent they continue to use the mark, they are infringing on Richard Wolfe's trademark rights,'' Humphrey alleges....
For more click the link provided...