Geez. Talk about a trade

by alphamonkey on February 8, 2004 · 0 comments

in Miscellany

Geez. Talk about a trade mark infringement.
A google copy cat site, but for adults only.

The ongoing litigation summary, which the Transbuddha members might find interesting

Booble Legal Notices:

We have recently become aware of your website at (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google’s website, including Google’s trade dress and the GOOGLE logo.

But Booble fights back strongly (good for them!):

In your letter, you refer to the Supreme Court decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (holding that a commercial parody may qualify as a fair use and is not presumptively unfair). As you may have recognized, this is a copyright case. Although some analytic similarities exist between copyright and trademark parody cases, Google neither claims copyright infringement in its letter, nor is any relevant portion of its web site copyrightable.

[…] Since the law does not appear to support Google’s position, we ask that Google reconsider its objections and accept the Booble web site in the spirit that it was intended – as a parody. We hope that these comments will permit you to now close your file on this matter. However, if you wish to discuss it further, please feel free to contact the undersigned.

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