Google Can’t Use Gmail Name in Germany

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.”

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Show More