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 © 2024 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

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Profiles ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Examine How 'Derisking' in Banking Affects Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking in the financial services industry, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

Show More