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sean
08-14-2004, 08:15 PM
http://slashdot.org/articles/04/08/14/1330208.shtml?tid=217&tid=187&tid=1

Ultimately it's their own fault, but that is, in the words of Cartman, "so lame".

RoD
08-15-2004, 06:16 AM
Also in the words of cartman....

"DUDE, Weak!"

whackaxe
08-16-2004, 03:12 AM
or yet: "MOM! i want my cheesy Gmail!"

sean
08-16-2004, 05:49 AM
Oh my god! They killed GMail!

RoD
08-16-2004, 10:23 AM
"You bastards!"

whackaxe
08-16-2004, 10:26 AM
-Bet you can't start a 1gig email service with a search engine!
-mept my camn!(read: bet i can)
*burns to death*

sean
08-16-2004, 10:42 AM
Technically most people have a 1gig email service with a search engine. It comes with windows. There's an email-type service (a couple actually) built right into windows, and there is that little file finder feature. It's a technicality, and few of us have any customers, but I believe you owe me some money. I mean, we had an oral contract!

major_small
08-16-2004, 10:44 AM
back on topic, I strongly agree with this user:

Re:Uh... it's pretty much Google's fault (Score:2, Insightful)
by thebes (663586) Alter Relationship on Sat 14 Aug 10:26AM (#9967004)

But they were the first to make widespread use of it, and in Canada that constitutes a trademark. You *can* register a trademark, but if you don't use it, it's kinda useless, and I'm not even sure it's valid if you don't use it. Anyone who hears the word Gmail thinks googles mail service. That is what makes a trademark a trademark.

when I hear GMail, I'm thinking of Google and their mail service, not any other company... just the fact that you titled this thread "Gmail... Again..." proves my point.

sean
08-16-2004, 10:53 AM
At least until you realize that the company that owns the trademark can now legally force Google to change the name of their service (and actually take legal action and get compensation if Google still uses GMail at all after this other company registered the trademark, I think). But they will probably try and sell the trademark to Google for millions.

Waldo2k2
08-16-2004, 10:46 PM
why not call it G-Mail?

sean
08-17-2004, 06:07 AM
or G-Spot?

major_small
08-17-2004, 06:25 AM
At least until you realize that the company that owns the trademark can now legally force Google to change the name of their service (and actually take legal action and get compensation if Google still uses GMail at all after this other company registered the trademark, I think). But they will probably try and sell the trademark to Google for millions.

if the google people were slick enough, they'd start calling it their 'mail service' and let the press call it GMail... then they're not in violation of anything and the other company realizes they're fighting a losing war.

sean
08-17-2004, 06:34 AM
Good idea, but it's yournamehere@GMail.com

major_small
08-17-2004, 06:41 AM
Good idea, but it's yournamehere@GMail.com
well, you can't force them to change their domain name... they're the rightful owners of that - they just can't put the little TM next to it and it'll be tough to advertise it as "GMail".

sean
08-17-2004, 06:44 AM
Actually I think they can force them to change the domain name.

major_small
08-17-2004, 06:47 AM
Actually I think they can force them to change the domain name.not that I know of. google paid for the domain, so legally it's theirs to keep. the trademark was made after the domain was purchased, so AFAIK, there's no legal grounds for the other company to stand on.

sean
08-17-2004, 06:50 AM
Someone may own a sign for a store, but if the name on the sign gets trademarked they can be forced to take it down, even though they own the sign.

major_small
08-17-2004, 07:06 AM
Someone may own a sign for a store, but if the name on the sign gets trademarked they can be forced to take it down, even though they own the sign.
yeah, but they don't have to change the name of the store.


The laws favor businesses who first used the mark, and much of copyright law comes from the Lanham Act. The Lanham Act was designed to prevent trademark infringement. The law broadly prohibits uses of trademarks, trade names, and trade dress that are likely to cause confusion about the source of a product or service. Infringement law protects consumers from being misled by the use of infringing marks and also protects producers from unfair practices by an imitating competitor.


Many people believe that if they register a particular domain, for example www.arkansascoffee.com, then the person has trademarked that as a business name an no one else can use the name Arkansas Coffee for their business. This is not necessarily true. You must not only register the domain, but use the business name enough to achieve distinction, such as through customer awareness and marketing.


Trademarks can be distinctive words, phrases, logos, symbols, slogans or other things that identify the source of the product and make it distinctive. A trademark can either be inherently distinctive, or it can gain its distinctiveness over a period of time by being associated with a particular product or service (for instance, the Nike swoosh).

all from the legal database (http://www.legal-database.com/intellectualproperty.htm)

sean
08-17-2004, 07:22 AM
Ah..

Waldo2k2
08-17-2004, 09:33 AM
>>G-Spot

sorry, I already own that



damn that was a good one

ober
08-17-2004, 10:52 AM
HAHAHA... excellent. :D