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Google Loses Gmail Trademark Case

Google was banned from using the name Gmail for its popular webmail service by German court.

 
Google was banned from using the name "Gmail" for its popular webmail service by German court, following a trademark suit filed by the founder of G-Mail, German mail system.

Daniel Giersch, 33, started using the name G-Mail in 2000, four years before Google released "Gmail". The battle for the trademark has dragged on for three years and has been fought in a number of jurisdictions. Google has filed lawsuits against Giersch in Spain, Portugal and Switzerland.

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

"Google infringed the young businessman's trademark that had been previously been registered," said the Hanseatic Higher Regional Court in its judgement.

"As far as the Hanseatic Higher Court is concerned, the legal situation is unambiguous to the extent that it has not allowed an appeal to the Federal Court of Justice," said Giersch's lawyer Sebastian Eble, from the office of Preu Bohling & Associates.

But a court in Switzerland threw out Google's case and now Giersch will file a suit to prohibit Google from using the name in that country.

After the Google lawsuits have ended, Giersch hopes to focus his energies into the further development of "G-mail," which he touts as a new "standard of communication on the Internet."