VIA EMAIL TO mpex@teleport.com and domain@opensoars.com
Scott Bigelow
P.O. Box 13444
Portland, OR 97213
Scott Biglo
1630 SW Clay Apt. 11e
Portland OR 97201
Re: gewgle.com and frewgle.com
Dear Mr. Bigelow and/or Biglo:
Google is the owner of the well-known trademark and trade name GOOGLE, as
well as the domain name GOOGLE.COM. As you are no doubt aware, GOOGLE is
the trademark used to identify our award-winning search engine, located at
http://www.google.com. Since its inception in 1997, the GOOGLE search
engine has become one of the most highly recognized and widely used Internet
search engines in the world. Google owns numerous trademark registrations
and applications for its GOOGLE mark in countries around the world.
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 online computer services and a
wide range of goods. As a result of its efforts, the GOOGLE mark has become
a famous mark and a property right of incalculable value.
Google launched a new service, called FROOGLE, on December 11, 2002.
FROOGLE is a coined word, with no meaning other than as a trademark of
Google. Google has a U.S. trademark application for FROOGLE, Serial No.
78187946, filed November 22, 2002.
We have recently become aware of your websites at gewgle.com and frewgle.com
(the Domain Names). These domain names are phonetically identical to Google
's GOOGLE and FROOGLE trademarks. Furthermore, the gewgle.com and
frewgle.com web sites improperly duplicate the distinctive and proprietary
overall look and feel of Google's websites, including Google's trade dress,
the GOOGLE logo, the Froogle trade dress, the FROOGLE logo, and features
such as Google Viewer and WebQuotes.
Your use of the Domain Names and corresponding web sites constitutes
trademark infringement and dilution of Google's trademarks and unfair
competition under federal and state laws. Further, your improper
duplication of Google's trade dress on these web sites will mislead
consumers into believing that some association exists between Google and
you, which tarnishes the goodwill and reputation of Google's services and
trademarks. Your registration and use of the Domain Names is in bad faith
pursuant to the Uniform Dispute Resolution Policy (UDRP) and is clearly
designed to appropriate the goodwill associated with the famous GOOGLE mark
in violation of the Anticybersquatting Consumer Protection Act (ACPA).
In view of your infringement of Google's rights, we must demand that you
provide written assurances on or before January 17, 2003 that you will
immediately:
1. Disable the gewgle.com and frewgle.com websites and discontinue any and
all use of the Domain Names;
2. Take steps to transfer the Domain Names to Google;
3. Identify and agree to transfer to Google any other domain names
registered by you that contain the GOOGLE or FROOGLE marks or are
confusingly similar to the GOOGLE or FROOGLE marks; and
4. Permanently refrain from any use of the terms GOOGLE and FROOGLE or any
variation thereof that is likely to cause confusion or dilution.
Sincerely,
Rose A. Hagan
Senior Trademark Counsel
Google