Why Google Should Not Make It Into The Dictionary As A Verb.
There have been several articles recently discussing the strong possibility that the term ?Google? will make it into the 11th edition of the Merriam-Webster Collegiate Dictionary as a verb. In June 2006, the term ?Google? appeared for the first time in a dictionary; the Oxford English Dictionary included the word in its web site dictionary. It is a common experience to walk down the street or walk into a room and hear someone state, ?why don?t you Google this or that?? In many cases the person is not even referring to the search engine Google, but rather any search engine or web directory, such as MSN, Yahoo, or Ask. The use of the term seems to dilute the trademark that Google has federally registered and has been granted protection under the trademark laws. The Google trademark can be found on the United States Patent and Trademark Office?s web site at: http://tess2.uspto.gov/bin/showfield?f=doc&state=27f2e7.2.9. The use of the term infers that Google is the only search engine that matter any longer. This is certainly not true where MSN and Yahoo hold a combined 36% share in the market place.
The proposed definition of the term in Webster?s dictionary is: ?to use the Google search engine to obtain information on the Internet?. Has the term ?Google? become so commonly used in our everyday vernacular that it should appear in the dictionary. There is a potential legal issue at stake if such a word, which is protected as a word mark under trademark law, is allowed into the dictionary. There is a strong likelihood that the use of the term may cause a probable detrimental effect on the Google Inc?s trademark protection. If the term is accepted as a verb it could result in businesses using the word ?Google? to market their own products, thus potentially diminishing the Google brand name.
Based on the trademark, Google is defined as a word mark for the as applied to the following goods and services: Telecommunication services; data transmission and reception services via telecommunication means; electronic exchange of voice, data, and graphics accessible via computer and telecommunication networks; providing multiple-user access to a global computer information network; internet cafe services, namely, providing telecommunications connections to the internet in a cafe environment; bulletin board and discussion group services; electronic mail services; workgroup communications services over computer networks; instant messaging services; voice over ip services; computer communication services; wireless communication services; mobile phone communication services. The first use of the term in commerce was on February 12th, 2001.
The legal significance of a trademark:
The reason that trademark protection is so important is to prevent others from using creative and distinct words, logos or slogans in the use of selling a product or service, which the creator has worked hard to attach an immediate connection in a consumer?s mind between the word mark and the company?s product. For all intense and purposes, this gives a monopoly to the trademark holder on the exclusive use of the word mark as it applies to the industry that is associated with the mark. In this case, there are hundreds if not thousands of search engines on the Internet, and many of these, such as Yahoo have similarly distinctive names, yet those names are not used in everyday speech. There is the chance that when someone hears the term ?Google this product?, they will start to think of the suggestion as going to any search engine, and not associate the highly relevant search results that are associated with Google, but simply any search engine, regardless of popularity. Moreover, Google has national and even international recognition for its online service; any use of the term can diminish the power of that brand recognition.
This is a case their will very likely be some form of trademark dilution. Google may fall short of having a case for trademark infringement. However, Google?s may be able to bring an action for trademark dilution under either federal or state law. Under federal law, a dilution claim can be brought only if the mark is ?famous.? In deciding whether a mark is famous, the courts will look to the following factors: (1) the degree of inherent or acquired distinctiveness; (2) the duration and extent of use; (3) the amount of advertising and publicity; (4) the geographic extent of the market; (5) the channels of trade; (6) the degree of recognition in trading areas; (7) any use of similar marks by third parties; (8) whether the mark is registered. 15 U.S.C. ? 1125(c). Kodak, Exxon, and Xerox are all examples of famous marks. There can be no doubt that the term ?Google is famous, for it were not famous than there would be no reason to add the term to the dictionary. It seems likely that Google would not want it?s brand, which it has worked so hard to build and maintain.
This article was written by Michael Goldstein, Esq. of the Law Office of Goldstein and Clegg. Attorney Goldstein concentrates his practice on trademark, copyright and Internet Law http://www.goldsteinandclegglaw.com
Related Articles:
15 Proven Ways For Link Building To Improve Search Engine Rank
Almost all webmasters know that incoming links are food for website. The website will rank high in the search engine result pages as long as they have great quality incoming links with related anchor text.
Build Links, Increase Page Rank, Increase Traffic
Search Engines in the last couple of years are giving more weight to one way links with a similar theme, these links are a vote of trust and confidence for your website, they are so important that they help your site in the rankings of search engines. One search engine in particular uses link popularity, that search engine is Google. When you improve your link popularity it will eventually move your site up in the serps, this is the goals of every webmaster.
Link Building: To Link, or Not to Link, That is the Question
Lately, there have been a lot of heated discussions regarding link building. Is it ethical to create a link building campaign? Does Google or any other search engine penalize for "link farms" (a bunch of non-related links created for the SOLE purpose of increasing search engine ratings)? Is the "link building era" over?Link FarmsMany webmasters claim that Google penalizes websites for link farms.
One Way Links and Reciprocal Link Exchange and Traffic
While reciprocal links are still valid and help you gain link popularity and page rank, many SEO experts agree that one way links are more valuable. One way links are also known as non-reciprocal links. Acquiring one way links are much more difficult than reciprocal links. One way links are a tool that can be quite beneficial to the webmaster. The very best one way links are those that are included in the content of another website, directing visitors to your website. One way links are those where you point to a site, or a site points to you without a link being returned. One way links are the best way to increase the link popularity of the site and get theme based links for natural search engine optimization.
Rock Your Rank With a Dynamite Text Link - Yahoo Directory Explodes Rankings
Last week a client called me excitedly exclaiming that their
Google PageRank had jumped a notch and their targeted keyword
term now ranked #23 (up from #45) for their competitive search
phrase. I asked the client if he'd been notified by Yahoo that
his site was now included in the index after we had submitted
it three weeks ago.
Smart Link's Local Submit Enhances SEO for Vertical Search Engines
Smart Link Web, a Michigan based (http://profiles.smartlinksolutions.com) leader in search engine optimization (SEO), now offers a method for small and local businesses to climb to the top of search engine rankings. This is in response to Google's recent change in its search results through the vertical search system. It introduces Smart Link Local Submit to give local and small scale businesses an edge in the field of online business. Unlike the traditional horizontal counterpart, vertical search results place local businesses above the normal organic results. Vertical searches are focused on the particular - and the online user is given ...
Traffic One Way Links And Reciprocal Link Exchange
While reciprocal links are still valid and help you gain link popularity and page rank, many SEO experts agree that one way links are more valuable. One way links are also known as non-reciprocal links. Acquiring one way links are much more difficult than reciprocal links. One way links are a tool that can be quite beneficial to the webmaster. The very best one way links are those that are included in the content of another website, directing visitors to your website. One way links are those where you point to a site, or a site points to you without a link being returned. One way links are the best way to increase the link popularity of the site and get theme based links for natural search engine optimization.
25 Common Link Exchange & Search Engine Terms
In today's world of website promotion and traffic building, a whole new set of terms and definitions have developed. To be a successful webmaster and/or website owner, it is important to know the meanings of some of the most popular link exchange and search engine terms.
Link Building To Improve Search Engine Rank
As the competition increasing every day so when you are planning to make business online then you need to optimize your site For this Search Engine Optimization or SEO is getting popular every day
Link Building and Link Strategy for Increased Web Traffic
Toronto, ON November 26, 2007 ? There are millions of websites in cyberspace. The challenge becomes how to ensure that your website is found on search engines and is seen by potential customers.
Linking for Traffic: The Shift from Link Directories to Hyper-Targeted Linking
There's a stiff wind blowing in a new direction on the web. And you'd benefit from taking the time to notice the direction its headed.
Google Grants Links to SEMcares.com to Help Non-Profits with Volunteer Search Engine Marketing
The Official Google Grants Blog tells non-profits about SEMcares.com, the not-for-profit database that connects non-profits and volunteer search engine marketing providers.
Using Back Links to Get Top Search Engine Ranking
There are no hidden secrets on how to rank high with the major search engines. All that is needed is a basic understanding of how search engines work and a bit of know how.
Is Exchanging Links Better Than One Way Links
When establishing links and exchanging links this helps your rankings with the search engines and builds on connecting with other business owners. When exchanging links with other webmasters you will need to give them your code and you will need to use their code on your site.
Link Survey Version 1.6: Improve Search Engine Ranking by Learning About Competitors
AntsSoft today announced the release of Link Survey version 1.6, the first software in the world which can check link popularity of multiple relative websites, make comprehensive analysis, and generate a detailed report.
