Home > News > Google Can’t Use Gmail Name in Germany • Bookmark   • Newsletters   • Register Search Options


Google Can’t Use Gmail Name in Germany

Google Can’t Use Gmail Name in Germany
Get XBIZ News
Jul 7, 2007 12:00 PM PDT    Text size: 
HAMBURG, Germany — A German court this week ruled that Google cannot continue to use the name “Gmail” in connection with its email service in Germany, finding that the mark was first registered by German businessman Daniel Giersch.

In using the Gmail mark in the German market to this point, Google “infringed the young businessman's trademark that had been previously been registered,” the Hanseatic Higher Regional Court stated in its judgment.

Sebastian Eble, Giersch’s attorney, hailed the court’s decision as a triumph for the many “Davids fighting Googliaths.”

The trademark battle over the Gmail mark has been winding through the German court system for close to three years, and has cost Giersch dearly, according to a press release the German entrepreneur released this week.

“Each individual court process has required five-figure amounts,” Giersch said, noting that in addition to the lawsuit in Germany, legal proceedings have been initiated by Google against Giersch in Spain, Portugal and Switzerland.

According to Eble, Google has announced its intention to “fight my client abroad for as long as it takes [until] he drops the legal claims lodged in Germany.”

Google’s senior legal counsel for the case in Germany, Arnd Haller, said that while the company was disappointed by the German court’s decision, it would not affect Google’s ability to provide email services to its German clients.

“Google owns the Gmail trademark in over 60 countries worldwide and we have used it ever since we launched the service in 2004,” Haller said. “Our German users will continue to use Google Mail and enjoy the same experience as users of Gmail worldwide.”

According to Giersch, one of Google’s primary assertions in the lawsuit was that Giersch’s claim to the Gmail name was “an abuse of the law aimed only at delivering an overpriced sale” of the Gmail mark. Giersch flatly denied the notion that he was motivated by profiting from a potential sale of the mark.

“I have made it clear since the beginning that I will never sell the name,” Giersch said. “It is my sole intention to realize my idea for a hybrid mail system. I am absolutely convinced of its success. Neither ‘G-mail’ nor myself are for sale.”

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


How Advertisers Use Your Devices to Sell You Stuff

The paranoia has reached an all-time high. Now some people actually believe that their microwave ovens are spying on them — despite the fact they don’t have any listening devices or cameras.... More »

As Mobile Grows, So Does Need to Push Sales

The number of consumers browsing and buying online will reach 270 million by 2020, driven largely by activity on mobile devices, according to Forrester. Business is booming and the fact that most purchases... More »

With AI, Routine Tasks Start Fading Away

I just turned 42. The list of things I may never do again is growing fast. I no longer dream that I will become an Olympian in any sport except archery or horseback riding. The oldest Olympians in those... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!