- Desde
- 19 Abr 2011
- Mensajes
- 523
Hola Betas...
Si tienen experiencias en casos como el que acontinuación contaré agradeceré mucho sus sugerencias, y si no, pues esto les servirá en algo.
La historia empieza hace más de un año cuando compré un dominio para hacer un directorio web., SABIENDO de los problemas que podría tener compré el dominio "googledirectorio" y hoy me llega un correo de google ...
copio el correo, espero sus comentarios y sugerencias.
Desde ya muchas gracias....
Dear Andy ....:
Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for a wide range of goods and services. As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value. We allow use of our logo only if we have granted express written permission; please see our Brand Permission guidelines at www.google.com/permissions/guidelines.html.
We recently learned that you have registered, without Google's permission, the domain name googledirectorio (the 'Domain Name'), and you are using our famous GOOGLE Logo on your website. Because this Domain Name includes the famous GOOGLE mark, and your website displays our trademark, it falsely suggests to Internet users that Google has approved or authorized your website and your activities. From a legal standpoint, your use of the GOOGLE Logo without our permission constitutes trademark infringement and unfair competition. Your use of this Domain Name and our GOOGLE Logo is likely to mislead consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google's services and trademarks.
Although you have noted on your website "Dejamos en claro que la marca comercial, logo e imágenes pertenecen a la empresa Google Inc.", this small print at the very bottom of the page is not sufficient to keep users from being confused. No disclaimer could be appropriate where you are using our world-famous stylized logo for services identical to our world-renowned services.
As a trademark owner, Google is required to take action to stop use of its trademark that could lead to consumer confusion. We would like to be able to resolve this in a cooperative manner, rather than have to to proceed with an arbitration proceeding under the ICANN Uniform Dispute Resolution Policy ('UDRP'). Please keep in mind that under similar circumstances, Google has prevailed in numerous UDRP actions. These decisions are located online at ICANN | Archives | Search Decisions in Proceedings Under the Uniform Domain-Name Dispute-Resolution Policy.
We hope that your actions have resulted from your misunderstanding of trademark law, rather than a deliberate attempt to trade on the goodwill of the Google trademark and confuse customers regarding Google’s endorsement of your website. However, in order to prevent user confusion, we must request that you take the following actions within 14 days and send us an email confirming that you have complied:
1. Deactivate the Domain Name within 7 days; and
2. Confirm whether you will cancel the Domain Name registration or transfer the Domain Name to Google. If you decide to transfer the Domain Name, we will reimburse your registration fees up to US $100, with proof of your payment of the fees.
3. Agree not to adopt another domain name that includes the GOOGLE mark.
4. Agree not to use the GOOGLE Logo on your website in the future without Google’s permission.
We look forward to your cooperation in bringing this matter to a close. If you have any questions, please let us know.
Thank you,
The Google Trademark Team
Si tienen experiencias en casos como el que acontinuación contaré agradeceré mucho sus sugerencias, y si no, pues esto les servirá en algo.
La historia empieza hace más de un año cuando compré un dominio para hacer un directorio web., SABIENDO de los problemas que podría tener compré el dominio "googledirectorio" y hoy me llega un correo de google ...
copio el correo, espero sus comentarios y sugerencias.
Desde ya muchas gracias....
Dear Andy ....:
Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for a wide range of goods and services. As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value. We allow use of our logo only if we have granted express written permission; please see our Brand Permission guidelines at www.google.com/permissions/guidelines.html.
We recently learned that you have registered, without Google's permission, the domain name googledirectorio (the 'Domain Name'), and you are using our famous GOOGLE Logo on your website. Because this Domain Name includes the famous GOOGLE mark, and your website displays our trademark, it falsely suggests to Internet users that Google has approved or authorized your website and your activities. From a legal standpoint, your use of the GOOGLE Logo without our permission constitutes trademark infringement and unfair competition. Your use of this Domain Name and our GOOGLE Logo is likely to mislead consumers into believing that some association exists between Google and you, which tarnishes the goodwill and reputation of Google's services and trademarks.
Although you have noted on your website "Dejamos en claro que la marca comercial, logo e imágenes pertenecen a la empresa Google Inc.", this small print at the very bottom of the page is not sufficient to keep users from being confused. No disclaimer could be appropriate where you are using our world-famous stylized logo for services identical to our world-renowned services.
As a trademark owner, Google is required to take action to stop use of its trademark that could lead to consumer confusion. We would like to be able to resolve this in a cooperative manner, rather than have to to proceed with an arbitration proceeding under the ICANN Uniform Dispute Resolution Policy ('UDRP'). Please keep in mind that under similar circumstances, Google has prevailed in numerous UDRP actions. These decisions are located online at ICANN | Archives | Search Decisions in Proceedings Under the Uniform Domain-Name Dispute-Resolution Policy.
We hope that your actions have resulted from your misunderstanding of trademark law, rather than a deliberate attempt to trade on the goodwill of the Google trademark and confuse customers regarding Google’s endorsement of your website. However, in order to prevent user confusion, we must request that you take the following actions within 14 days and send us an email confirming that you have complied:
1. Deactivate the Domain Name within 7 days; and
2. Confirm whether you will cancel the Domain Name registration or transfer the Domain Name to Google. If you decide to transfer the Domain Name, we will reimburse your registration fees up to US $100, with proof of your payment of the fees.
3. Agree not to adopt another domain name that includes the GOOGLE mark.
4. Agree not to use the GOOGLE Logo on your website in the future without Google’s permission.
We look forward to your cooperation in bringing this matter to a close. If you have any questions, please let us know.
Thank you,
The Google Trademark Team
