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 Google looses Gmail trademark case in Germany ... again!

In 2005, Google has changed the name of its German email service to "Google Mail", because Daniel Giersch, who allegedly owns the rights to "G-Mail" in Germany and started using the mark for his own physical mail service in 2000, won at both the preliminary and final stages of the litigation before the district court in Hamburg. But Google did appeal the decision and now has lost again (Az 5 U 87/06). This could be the end of this long-running case in Germany over the "Gmail" trade mark, because the Hanseatic Higher Regional Court in Hamburg denied Google leave to appeal to the Germany's Federal Court. Google's last chance is to file for non-admission of the ruling at the Federal Court to prevent the ruling from taking effect.

According to Information Week Google said in an e-mailed statement: "Google owns the 'Gmail' trademark in over 60 countries worldwide and we have used it ever since we launched the service in 2004. While we regret the German court's decision, it will in no way affect our ability to continue to provide Web e-mail to our users in Germany. Our German users will continue to use 'Google Mail' and enjoy the same experience as users of Gmail worldwide."

In addition to the lawsuit in Germany, Google is also taking action against Giersch in Spain, Portugal and Switzerland.

  • July 5, 2007: Williams, Chris, German courts demand no more Gmail squabbling, The Register:
    " German courts have banned Google from further attempts to wrestle the rights to the "Gmail" trademark away from a businessman who registered the name several years before it launched a webmail service"




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