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Google Wins German Trademark Ruling







Google Wins German Trademark Ruling

Google Wins German Trademark Ruling 09/22/2004 12:55 AM

dmnews.com Sep 22 2004 5:14AM GMT




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Google Wins German Trademark Ruling

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Google keeps running into lawsuits concerning companies who buy advertisements based on the names or trademarks of their competitors. We've already explained why should be perfectly legal under trademark law (which doesn't prevent all use of a trademarked term - just any use that is seen to be confusing people into believing one company is another company). However, this NewMediaZero piece points out that, even if it is a trademark violation, it makes no sense to go after Google, who is simply the publisher. If they must go after someone, the complaining companies should go after those who they are accusing of misusing their trademarks: the competitors buying the ads. Of course, what this article leaves out is that the complaining companies are upset that Google appears to be profiting off of their trademark by selling the ads. I wonder what would happen if Google set up a "compromise" position where a portion of the money that an advertiser paid for advertising on a trademarked keyword went to the trademark owner?

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walkman_wm1.jpg imageGerman inventor Andreas Pavel has just settled a 20 year court battle with Sony over the origins of the Walkman, a device Pavel claimed to have patented in 1977. While Sony has spent the better part of two decades trying to ignore his claims of invention (despite the fact they paid him royalty fees for the first few years of the device's life), Pavel's near bankruptcy after a 3.7 million dollar court battle was finally rewarded by a confidential agreement in which Pavel was reportedly paid off to the tune of several million euros. Pavel, cock of the walk, is now planning to take a swipe at Apple, whose iPod has become the Walkman of this generation. Even better, Pavel has another patent in the wings: a 1989 US filing for a technology that combines the features of a portable audio player and a mobile phone. That patent will be decided on 'soon.'
Read [Management.Silicon via Blues]

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Google Wins German Trademark Ruling

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