Google vs. Booble: Fight!
Posted on January 30, 2004
Filed Under /dev/null/ | 47 views |
I love the internet, where the weird is just par for the course. This makes Celebrity Boxing look like just another bunch of chumps stumbling around in a dingy ring. Google is suing Booble for trademark infringement and is demanding that Booble hand over it’s domain. Booble responds with choice gems like these :
In the present case, consumers are highly unlikely to be confused as to the source of services for several reasons, including the following:
1. the domain names are entirely different;
2. the BOOBLE web site searches only provide content related to Adult web sites, including TGP sites, Adult stores, and Adult-related products like browser cleaners, pop-up filters, etc.; and
3. the BOOBLE mark is distinct from the GOOGLE mark in that it differs in sound, appearance, commercial impression, and other relevant aspects:
1. it features a woman’s chest;
2. it uses the phrase, ‘The Adult Search Engine;’
3. it posts a warning that the web site contains explicit content; and
4. it disclaims any association with Google.com.…
Moreover, Booble’s web site is an adult search engine, not ‘a pornographic site,’ as referred to in your letter. In fact, entering the terms “porn” and “sex” in the Google search engine return 98,400,000 hits and 269,000,000 hits, respectively, while entering these same terms in the Booble adult search engine return 268 hits and 291 hits, respectively. Therefore, the Google mark - which has a longstanding association with pornographic terms and material - is obviously not tarnished.
…
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
Round 1: Booble.
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