Welcome to namepros.
In my opinion, it's a clear TM violation since google is not a generic or descriptive word.
Good luck with it,.
You may want to do a search of"tm" or trademark" on this site and do days of reading on the subject. You will learn alot.
Short answer.... you not in a good position here.......
Ditto with what DNQuest said. You can bet that anytime you take a trademarked term and slap it into a domain you are going to have problems. For instance, if I regged the domain yahoocity.com, I would infringing on Yahoo's TM. Your best bet is to cancel the domain. If you are lucky, your registrar may give you credit towards another domain. Even if your registrar will not reimburse or credit you (which most will not), losing the $8 is far better than having to deal with a lawsuit.
Welcome to NP. This is a great community and you will learn lots if you stick around...
Yes No, It doesn't matter, but it will determine whether you are worth going after for enforcement...
The dictionary term google doesnt exist except to show relation to google search engine. so you are on very thin ground. I would advise to not invest too much time effort and money into this domain. all the best..
That's technically NOT true. He can use the name in fair-use for non-commercial purposes and for certain circumstances. However he could never make a dime on it and is basically valueless. So it does matter what he uses it for...
As I've said before, I'm no lawyer (and around here, thank goodness I'm not ). But, I have to agree with Jesse (Labrocca), here. Past decisions on this from the convening authorities have tended to state that what you do with the name has alot to do with it. Trying to use the name to make money (selling it, or otherwise), using it to to disparage or do damage to the TM holder, or trying to use it to draw traffic away from their site, are all big no-no's. What you would get away with, however, is not so plain. Just avoid doing anyting with it that would even appear to be putting money in your pocket.
Google protects it's rights, and has a history of going after names with a vengance! The two major ICANN panels (and their decisions on "google" names) that you could face (there are 4, but with Google Inc. and you being in USA one of these two would get it...most likely they would file with WIPO):.
The National Arbitration Forum (NAF): http://www.arbforum.com/domains/case...D=&Sort=CaseNo.
World Intellectual Property Organization (WIPO): http://www.wipo.int/search/en/query....=100&qt=google.
View those links (they have actually lost a few cases ), and see the way the panels voted, and why. May help you decide what to do with the name, and definately should show you what not to do with it.
Like said, Google is one of those that fights (and they win alot...albeit, they should, it is their name, and as others stated not a dictionary word). Your biggest bet is to either just let the domain expire or find something totally non-profit and non-damageing (or even flattering) to Google Inc., so they don't care to pay to go after you.
Just my two cents on the subject..
Fair use has been given for sites like PayPalsucks.com and other "free speech" type sites. I don't think the particular name mentioned, googlecreation, would have much standing on those type grounds. It's currently parked at godaddy, and even if the owner is not using it for personal gain, he's letting godaddy use it as a PPC page, which is commercial use.
Okay, maybe not a 100.0% "No", but probably well over 99% in THIS particular case. Based on the public statement here that "At the moment, I don't have plans for it", I think we get into the 99.998% type percentages. Again, for this particular case, and this particular name and company. If it were a generic name, or was "registered in good faith" with a reasonable fair use purpose, it may be different...
Mark (AdoptableDomains) makes an excellent point. The policies of ICANN state fairly well that not having an obvious reason/purpose behind the name, means it was more than likely (and more than likely is enough for the panels to turn the name over) that you registered it just becuase of the TM'd term. Parking it says this...
Googlecreation could easily be a fan site about how google started, it's history, and things it's proposing to do. Truth be told it's not a good name for a fan site or commercial either. If this was an appraisal thread I would say $0 TM issue or not. I wonder if OP is even reading this?..
The whole issued bring up another point. Something needs to be done to prevent dejavu type situations where a domain is dropped by one party and picked up by another. Obviously companies don't want to register and maintain every possible combination of words for their TM. Sometimes they get a person to drop it, or have it handed over and they drop it. Then another newbie sees what they think is a potential money maker and pick it up again. It's not fair to the TM holder, and difficult for a new registrant or drop picker to pick up something that's already been determined a problem.
There really should be a way for a TM holder who wins a UDRP to tag a name as unregisterable without their approval if it's been through a UDRP or WIPO process. Maybe upon trying to register the string, the person at least gets a warning and redirect to the prior decision on that particular string/TLD combination. This wouldn't effect names without history, but would at least reduce some cases that repeat themselves. Maybe even a reverse UDRP process could be taken where a person with a fair use for one of these names could apply with a useage plan to get a decision from an independent judge before granted registration.
Maybe I'm over thinking this. UDRP lawyers may see an income stream reduced, and registrars would potentially lose some income. Maybe they could pick that up with a fee for a pre-registration decision though. Just some thoughts.....
[looks to copy and paste from another thread] lol.
Intent at the time of registration is considered when determining "bad faith".
"I got this domain, I don't know what I am going to do with it, but it has a nice TM in it" = "bad faith".
People, if you're going to register TMs, at least have a non-commercial plan for it when yo udo register it (I said that to make Labrocca happy).
Like I have said many times before, almost every TM question in this forum comes from a person who registered the domain in bad faith...
WOW! DNQ you just made my day and it was kind of a bad day too. :-).
Nice thread guys..hopefully it teaches a noob or two...