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Google to be Sued Over Name?

WK writes "Now that Google's IPO is running, the company is on the verge of being sued by the family of Professor Edward Kasner who invented the word 'Googol' to describe a very big number. The great-niece of Kasner who was 4 years old at the time her uncle died says that although Google has brought attention to the name, it has not brought attention to Kasner's work. Google was not using the concepts, but just capitalizing on the name."

89 of 800 comments (clear)

  1. Baaahhh.... by microbob · · Score: 5, Insightful

    Give me a frigging break! Had "google.com" sucked rocks you wouldn't be saying a word.

    Now that google.com is just about to IPO you come crawling out of the wood work.

    Go back home...

    -mb

    1. Re:Baaahhh.... by savagedome · · Score: 5, Insightful

      I agree completely. If google.com was a fly-by-night dot com, we would not even have known of this family's existence.

      they want to become IPO insiders to put his soul to rest.

      This statement is so repulsive that it would leave a bad taste for the rest of the day.

    2. Re:Baaahhh.... by TheGavster · · Score: 5, Funny

      I mean, Google's success *must* have been due to the name. I know that the relevant results and inoffensive advertising mean nothing to me in comparison to the fact that its called Google!

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    3. Re:Baaahhh.... by Daniel · · Score: 3, Informative

      Is the company running out of money? Why do they need to go public?

      Supposedly there's an SEC regulation that requires them to go public once they reach a certain profit level. At least, that's their excuse.

      Daniel

      --
      Hurry up and jump on the individualist bandwagon!
    4. Re:Baaahhh.... by Anonymous Coward · · Score: 5, Funny

      Well I remember as a child running through the Austrian snow one January and shouting Yahooooooooooooo! So I think I'll be finding myself a bod damned lawyer and suing the asses off those Yahoo! guys. Oh, am I gonna be rich!

      Oh yeah, and you bastards from alta (la) vista should be quaking in your boots. I'm in my hummer right now.

      Ahnolt.

    5. Re:Baaahhh.... by B'Trey · · Score: 5, Insightful

      No one is denying the source of the word. However, coining a word does not mean that you control it, particularly absent a trademark.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    6. Re:Baaahhh.... by GileadGreene · · Score: 3, Interesting
      they want to become IPO insiders to put his soul to rest

      Uh... ignoring for a moment that raw cynicism inherent in that statement, isn't Google running a Dutch Auction IPO partly as a way of eliminating the whole insider/outsider dichotomy? (and partly has a way to make much more money) So the family can't become "insiders" because there won't be any insiders.

      Hmmm... perhaps they just mean they want to be given shares of the company pre-IPO (not an "insider" in the traditional IPO sense). That seems even more greedy and cynical to me - there's no gamble involved at all on their part.

    7. Re:Baaahhh.... by Mattygfunk1 · · Score: 4, Informative
      Supposedly there's an SEC regulation that requires them to go public once they reach a certain profit level. At least, that's their excuse.

      Almost. They need to report their financials once they reach a certain level. It just makes sence that if they have to report anyway to go the whole way.

    8. Re:Baaahhh.... by asdf+101 · · Score: 4, Informative

      The SEC regulation does not require them to go public, only to maintain their books openly in the manner of a public company.

      Given such a scenario (of being openly accountable), any company would surely consider an IPO route to raise capital from the market vs. only that headache (once again, of being accountable).

    9. Re:Baaahhh.... by N3WBI3 · · Score: 3, Informative
      Actually its not a requirement to go public (IKEA USA is a private company).

      When you have over 500 shareholders you have to beging acting as if you were public even if youre not. That combined with the fact their initial investors have been screaming at them to do this for a couple of years kinda pushed them over the edge..

      --
    10. Re:Baaahhh.... by Mick+Ohrberg · · Score: 3, Insightful

      Sounds to me like another MikeRoweSoft.com - except the other way around. Or something.

      --

      Quidquid latine dictum sit, altum sonatur.

    11. Re:Baaahhh.... by crow · · Score: 4, Informative

      Nonsense. There is an SEC regulation that requires them to file reports as if they were public if they have more than a given number (500?) of shareholders and a given amount or revenue (or income? $10mil?).

      Anyway, they hit that point where they have to do the reporting work of a publicly-traded company, which meant that the added work of going public wasn't as onerous.

    12. Re:Baaahhh.... by liam193 · · Score: 5, Informative

      Yes, your numbers are correct. It is 500 shareholders or $10 million in assets. The SEC Website contains the corporate reporting guidelines set forth by the Securities Exchange Act of 1934.

    13. Re:Baaahhh.... by kidgenius · · Score: 4, Funny
      I don't know....Microsoft has done a pretty good job at trademarking the word "Window",.... :)

      In other news, houses now come w/ "clear glass openings" to see out.

    14. Re:Baaahhh.... by ultrasound · · Score: 3, Funny

      I didn't know they had snow in Austria. Wouldn't all of the kangaroos slip over? G'day mate ;-)

    15. Re:Baaahhh.... by arkanes · · Score: 4, Informative
      The name is indeed based on the word googol. Google gives credit to the inventors: I quote from the Google coporate information page:
      Google is a play on the word googol, which was coined by Milton Sirotta, nephew of American mathematician Edward Kasner, and was popularized in the book, "Mathematics and the Imagination" by Kasner and James Newman. It refers to the number represented by the numeral 1 followed by 100 zeros. Google's use of the term reflects the company's mission to organize the immense, seemingly infinite amount of information available on the web.
      I agree that it's a money grab. There's not even any valid trademarks for the term "googol" by itself, the only "live" ones are all part of something else, and none are even remotely related to web searching.
    16. Re:Baaahhh.... by finkployd · · Score: 5, Informative

      Insightful? Huh? Can you provide me with a link that shows that Google derived its name from googol?

      Certainly

      Finkployd

    17. Re:Baaahhh.... by the+unbeliever · · Score: 3, Informative

      The SEC oversees all companies that trade "shares" for investment. If I had given Google one million dollars in 2000, in exchange for a certain number of "shares" in the company, then I would become a "shareholder" even if they never IPO'd. I would have a vested interest in Google's future and profit margin, even though I have no employment there.

      Once you hit a certain plateau of shareholders (and profits), then you must behave like a public company in order to prevent fraud.

    18. Re:Baaahhh.... by Alpha27 · · Score: 4, Interesting

      I truly feel the family has no case here. They truly sound like opportunitists trying to make money out of something they could not. To me, the word 'Googol' is nothing more than a symlink to something else. If I were to come up with 'Moogol' for 10^10, and Moogle.com made money, would I sue? No. Despite the play on words, and the inherient meaning, they used nothing else.

      Should the Amazon rainforest, or Brazil sue Amazon? No.

      Should Half the Planet sue HalfThePlanet.com for their use of the name and reference to those with disabilities? No.

      Should keyboard manfacturers sue Slashdot for using a word that describes two keys on their keyboard '/.' Well maybe, but I still say no.

      As for not bringing attention to Kesner's work, the attention is in the name and meaning, and it's referenced on the corporate page
      http://www.google.com/corporate/index.html

      What more does the family want? Money. Isn't there a timeframe also when the word becomes public domain?

    19. Re:Baaahhh.... by Mr.+Neutron · · Score: 5, Informative
      I agree completely. If google.com was a fly-by-night dot com, we would not even have known of this family's existence.

      Except in just about every 6th-grade-level math book, which tell the story of how Professor Kasner asked his 9-year-old nephew to come up with a word for a one followed by one hundred zeroes.

      Not saying this lawsuit has any grounds, but the origins of "googol" are well known.

      --
      dinner: it's what's for beer
    20. Re:Baaahhh.... by carlos_benj · · Score: 3, Interesting

      Thanks. Looks like I'll be eating my words at least once more....

      At least you earned your "informative" my friend.

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    21. Re:Baaahhh.... by hoggoth · · Score: 5, Informative

      The word 'Yahoo' comes from 'Gulliver's Travels'.
      I think Swift's estate should be preparing a lawsuit just about now...

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    22. Re:Baaahhh.... by carlos_benj · · Score: 3, Funny

      Gee. Somebody admits they're wrong on /. and gets modded "overrated". Heck, I'd have thought some of the mods would have seen it as "insightful"....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    23. Re:Baaahhh.... by _Sprocket_ · · Score: 3, Funny


      Well I remember as a child running through the Austrian snow one January and shouting Yahooooooooooooo!


      Dude. You were stoned. And watching "The Sound of Music".

      Which simply establishes that you were in the right state of mind for a lawsuit simular to the Google one.
    24. Re:Baaahhh.... by ultrasound · · Score: 3, Informative

      I know exactly where the respective countries are, because I am from Europe where our geography lessons extend outside the borders of our own country. I've also been to both, skiing in one and diving in the other.

      I was just throwing in a dumb&dumber reference that always springs to mind when someone mentions Austria.

    25. Re:Baaahhh.... by LuxFX · · Score: 5, Funny

      Google is successful? I could never tell whether or not it was a search engine, or a one with a hundred zeros behind it. It's just so confusing! So difficult to tell!

      --
      Punctanym: alternate spelling of words using punctuation or numerals in place of some or all of its letters; see 'leet'
    26. Re:Baaahhh.... by drakaan · · Score: 4, Interesting

      What really kills me is that Google has acknowledged that their name is a play on the word "googol" since they first appeared. I guess the interested parties never did a google search for Googol (which actually brings up a link for http://www.googol.com...not suing *them*, are they?), or looked at the company's history page.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    27. Re:Baaahhh.... by nelsonal · · Score: 5, Insightful

      Except that Google's founders will control super voting stock which makes them the ultimate "insiders". Depending on how many shares are offered, they will likely have 90% of the voting rights of the company's total offering. Most of the time, this class of stock is non dilutive, unless the owners agree to let their vote be diluted. So even if they grant 100,000,000 options a year, they keep the same percentage of control over directors, board meetings, and other strategic decisions.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    28. Re:Baaahhh.... by Glonoinha · · Score: 3, Informative

      The way I understand it they aren't doing it to 'make more money.' The powers that be have (FTC?) authorized Google to go public assuming a certain valuation of the company as a whole, so instead of picking the number of shares and coming up with IPO price, they are determining via Dutch Auction the share price and coming up with the number of shares (and selling those shares to the top guys in the Dutch Auction.)

      And yes, it pretty much eliminates insiders, which is the coolest thing I have ever heard of - unless I get to be an insider too, like the googol folks.

      --
      Glonoinha the MebiByte Slayer
    29. Re:Baaahhh.... by mcmonkey · · Score: 5, Informative
      No one is denying the source of the word.

      *raises hand* I am. And I'm not alone. Google predates googol, as was discussed in the May 9 Sunday Boston Globe, Feelin' Googly. Jan Freeman traces the life of google from 1380 to the present day. It seems more likely googol sprang from google, than other way round.

      The founders of Google admit they were inspired by googol, but as words of the english language, google predates, and most likely inspired, googol. Google should sue!

    30. Re:Baaahhh.... by Jim+Starx · · Score: 5, Insightful

      Why can you even sue over this? If it's a mathmatical concept it should be public domain. It's the equivilent of suing someone over using the word dozen. You can't trademark a quantity can you??

      --
      The darkness... controls the music. The music... controls the soul.
    31. Re:Baaahhh.... by Mr.+No+Skills · · Score: 4, Insightful
      Not saying this lawsuit has any grounds, but the origins of "googol" are well known.

      Maybe the origins of the mispelling.

      "Barney Google and Snuffy Smith" was first published in 1919. Maybe King Features shuld sue Google first.

      --
      Sleep is for the Weak
    32. Re:Baaahhh.... by sfjoe · · Score: 3, Insightful

      Why can you even sue over this?

      You can sue over anything and everything.
      Whether or not you'll be successful is another matter.

      --
      It's simple: I demand prosecution for torture.
    33. Re:Baaahhh.... by Speare · · Score: 4, Informative

      You can sue over anything and everything.

      While this is often repeated, it's not completely true. A judge can dismiss your suit with prejudice, and can even charge you with contempt or the crime of barratry, depending on how poorly conceived your suit is. It is therefore a crime to sue over some things.

      --
      [ .sig file not found ]
  2. Are you serious? by Kulaid982 · · Score: 4, Insightful


    "googol" and "google.com" aren't even spelled the same! Gimme a break.

    --

    Isn't it interesting how you come to recognize posters based solely on their sigs???
    1. Re:Are you serious? by eelke_klein · · Score: 4, Informative

      Read: Google history

      The first alinea goes...

      Google is a play on the word googol, which was coined by Milton Sirotta, nephew of American mathematician Edward Kasner, and was popularized in the book, "Mathematics and the Imagination" by Kasner and James Newman. It refers to the number represented by the numeral 1 followed by 100 zeros. Google's use of the term reflects the company's mission to organize the immense, seemingly infinite amount of information available on the web.

    2. Re:Are you serious? by Anti+Frozt · · Score: 5, Insightful

      Neither are Windows and Lindows. Look what happened there.

      --
      In C++, friends can touch each others private parts.
    3. Re:Are you serious? by MoronGames · · Score: 4, Insightful

      Yes, but Windows and Lindows are both operating systems. Google is a search engine, googol is a number.

      --
      hey!
    4. Re:Are you serious? by cowscows · · Score: 5, Insightful

      Windows is a trademarked name for a limited and specific set of commercial software, developed through the work of thousands of engineers/programmers, at a costs way into the millions of dollars.

      Googol is a word that some kid made up to describe a big number that existed a priori. Even if you could sell a googol of something(that'd be a whole hell of a lot), you can't sell a googol itself.

      --

      One time I threw a brick at a duck.

    5. Re:Are you serious? by Casualposter · · Score: 4, Insightful

      I suppose that Groklaw is going down for using "grok," a term coined by R A Heinlein?

      This is so stupid.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    6. Re:Are you serious? by dar · · Score: 5, Insightful

      I grok what you are saying, however the term has passed into the normal English language (even if it's usage is not that common)

      So has the word googol.

      --
      My other Slashdot ID is much lower.
    7. Re:Are you serious? by AndroidCat · · Score: 3, Funny

      Booble isn't spelled the same either, but Google has some objections. (A "look and feel" case, heh heh.)

      --
      One line blog. I hear that they're called Twitters now.
    8. Re:Are you serious? by CrosbieFitch · · Score: 3, Interesting

      Talking of 'big numbers that existed a priori'...

      Did you know that every single digital artwork known to man and yet to be created/discovered exists a priori?

      All digital artworks can be represented as one big binary number (typically with a lot more digits than a googol).

      Would you therefore use the argument that just because a digitally reprsentable work can be represented as a number from 1 to infintity (and hence exists a priori) that it therefore belongs in the public domain?

      I like that idea...

  3. Wake up! by Anonymous Coward · · Score: 3, Insightful

    Is everyone asleep - this lady is just greedy!

  4. How much money do they want? by gowen · · Score: 5, Funny

    Answer : write down a figure, then add a lot of zeros. *rimshot*

    Thank you. I'll be here all week; don't forget to tip your server. Why not try the tuna?

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:How much money do they want? by scott1853 · · Score: 4, Funny

      Tip the server??? Do you know how much these rackmounts cost!!!

  5. Silly by mfh · · Score: 4, Insightful

    I'm sorry but this is fucking retarded. Why would anyone think it would be okay to sue a company named Google for using a possible variant of the un-trademarked word Googol to describe a business that creates a data searching system? If there is a connection, why doesn't dictionary.com show one in the google definition? I could see perhaps a case if Google was called Googol, but this appears to be nothing more than a cash grab by a family of broke twits. Besides, the guy didn't invent the word! His 9 year old nephew did! From that link: The american mathematician Edward Kasner once asked his nine-year-old nephew to invent a name for a very large number, ten to the power of one hundred; and the boy called it a googol.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Silly by Mwongozi · · Score: 4, Informative
      There is a connection, and Google admit it on their own site.

      From that page:

      What's a Google?

      "Googol" is the mathematical term for a 1 followed by 100 zeros. The term was coined by Milton Sirotta, nephew of American mathematician Edward Kasner, and was popularized in the book, "Mathematics and the Imagination" by Kasner and James Newman. Google's play on the term reflects the company's mission to organize the immense amount of information available on the web.

    2. Re:Silly by DrNibbler · · Score: 4, Insightful

      Minor Nit... I'd say "pay hommage" instead of "admit" as they've done nothing wrong.

      --
      Sean.OutaHere()
  6. In other news by Gothmolly · · Score: 5, Funny

    Some dead Greek guy's relative sues MPAA over use of the word 'Pi' as a movie title.
    Roman mathematician's descendents sue Dr. Evil over the use of the word "Million"
    Parker Brothers sued over the name 'Mr. Green' in the popular "Clue" game by the guy who invented that word.

    This post brought to you by the number 3(TM), the letter P(TM) and the color yellow(TM).

    --
    I want to delete my account but Slashdot doesn't allow it.
  7. Is googol trademarked? by ComaVN · · Score: 4, Insightful

    No?

    Ok, nothing to see here, move along.

    How the fuck do you invent a word.

    --
    Be wary of any facts that confirm your opinion.
    1. Re:Is googol trademarked? by richie2000 · · Score: 3, Funny
      How the fuck do you invent a word.

      Easy: Femplesnip. It means to invent new words as you go along. So I just femplesnipped femplesnip and my descendants will cite this post as prior art.

      --
      Money for nothing, pix for free
    2. Re:Is googol trademarked? by MBAFK · · Score: 4, Informative

      I think the word you are looking for is Neologism

    3. Re:Is googol trademarked? by Mr+Guy · · Score: 3, Insightful

      No, you misunderstood. To use a neologism is to femplesnip. Femplesnip is also a neologism.

  8. How is this any different... by Anti+Frozt · · Score: 5, Insightful

    than if I named my company "One Hundred Billion?" (raises pinky finger to corner of mouth)

    Can you get a copyright/trademark on a number?

    --
    In C++, friends can touch each others private parts.
  9. Dictionarying "Google": by Anonymous+Custard · · Score: 5, Informative
    Dictionarying "Google":

    The World-Wide Web search engine that indexes the greatest number of web pages - over two billion by December 2001 and provides a free service that searches this index in less than a second.

    The site's name is apparently derived from "googol", but note the difference in spelling.

    The "Google" spelling is also used in "The Hitchhikers Guide to the Galaxy" by Douglas Adams, in which one of Deep Thought's designers asks, "And are you not," said Fook, leaning anxiously foward, "a greater analyst than the Googleplex Star Thinker in the Seventh Galaxy of Light and Ingenuity which can calculate the trajectory of every single dust particle throughout a five-week Dangrabad Beta sand blizzard?"
  10. How to bring shame to a family name, step 1. by DavidLeblond · · Score: 5, Insightful

    So instead of having her father's name attached to a hugely successful web search engine she'd rather have it attached to some lawsuit that is going to make her family look like a bunch of assholes once the media gets wind of it.

    Good one!

    1. Re:How to bring shame to a family name, step 1. by MarkGriz · · Score: 3, Funny

      She must have read McBride's new book:

      How To Bring Shame and Disgrace to Your Family Name
      in 3 easy steps

      --
      Beauty is in the eye of the beerholder.
  11. Ofcourse! by Dark+Lord+Seth · · Score: 3, Insightful
    In 1955 he died and much later a search engine called Google was born. His relatives claim that Kasner must be spinning in his grave. They believe Google has gained financially at their expense and they want to become IPO insiders to put his soul to rest.

    As wel all know, potentially large sums of money can put a deceased loved one to rest. Why doesn't Google solve it creatively? Add a small line of text with a link that states what a googol is, with a tribute to Kasner, his work and his other achievements? The man and his work have been recognized, the family doesn't get a cent and everyone, except those greedy bastards, is happy.

    1. Re:Ofcourse! by Anonymous Coward · · Score: 3, Informative

      http://www.google.com/corporate/

      See the bottom paragraph :)

    2. Re:Ofcourse! by Mwongozi · · Score: 4, Informative

      Google have already done this - that link has been there for ages.

    3. Re:Ofcourse! by ComaVN · · Score: 3, Funny

      If the guy keeps spinning, maybe he can be used as a source of unlimited, cheap electricity.

      --
      Be wary of any facts that confirm your opinion.
    4. Re:Ofcourse! by RevAaron · · Score: 4, Interesting

      A couple notes- like others pointed out, they already give Mr. Kasner props.

      I heard about this on NPR a couple weeks ago, before any lawsuit was going to happen. The sad thing is that only ONE idiot from the family is really pushing this- when she came on to be interviewed for a couple minutes by NPR, she said: "My sister wanted me to say that it isn't *THE FAMILY* who has a big problem with this, it is *just me.*" No joke- the rest of them are probably embarassed of her actions.

      --

      Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
  12. A bit greedy are we? by Penguinisto · · Score: 4, Interesting
    Bah! It appears to be just another relative trying to cash in on someone else's work, like the decendants of the guy who copyrighted the "happy birthday" song awhile back.

    Besides, no one has seen fit to defend the implied trademark (though registered? I'm thinking "not), so I doubt that the lawsuit gets anywhere... I suspect a couple of relatives saw Google's IPO numbers and decided to try at cashing in.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  13. Gringo by turgid · · Score: 4, Funny
    Maybe google should change its name to gringo? You could go to www.heygringo.com to ask a question.

    I am a gringo!

  14. The nation's gone crazy. by JessLeah · · Score: 5, Insightful

    At what point are people -- rational people-- going to get together and form a coalition to bring about a bloodless coup, lift the Democrats and Republicans from office, wipe clean the slate of stupid laws and ridiculous political/legal traditions, form a new American government starting from the foundation of the Constitution and the Bill of Rights, and finally make it so that bullshit like this is the exception rather than the norm? Good God, the nation's gone absolutely ape-shit. When's the revolution, and how can it be brought about without further bloodshed? Ridiculous lawsuits like this are just a symptom of how detached from reality the US has gotten.

    I'm good and sick of this "lawyerocracy" we have here. I'd love to see a "geekocracy".

  15. Where's parker Brothers in all this? by amichalo · · Score: 5, Interesting

    You don't see Parket Brothers suing Microsoft of the word "Monopoly".

    But seriously, our society is WAY WAY WAY too litigious and opportunistic for anyone's good. On what grounds based in reality does the family of the man who invented the word "Googol" have to the Internet search engine company?

    Google even has it's own dictionary entry - two actually, V and N

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  16. Original article has more information... by macshune · · Score: 4, Informative

    According to the original article in the Baltimore Sun, the family hasn't decided to sue yet. They probably know that they don't really have a case. 'sides, all they want is to be insiders for the IPO, atm, not get zillions in punitive damages or trademark-violation damages. Of course, this could all change if they don't get the chance to be insiders for the IPO.

    So no, this doesn't really seem like a case of folks suing google 'cause they are violating the common-law trademark rights of the 4-year old who came up with "googol"...yet.

  17. Kleenex is the answer... by Jonny+Royale · · Score: 5, Informative
    First question: Is the word Googol trademarked?

    Second:
    Years ago, Coca-Cola lost the second half of its name to the public domain, when a judge ruled that "Cola" had become a generic term for referring to soft drinks. Similarly, "Aspirin" started as a brand name and wound up as the generic name for the drug. This is why the makers of "Kleenex" brand facial tissues bother with the "brand facial tissues" part, because there MUST be a viable generic term for a defendable brand name to exist.

    -Motley fool web site

    There's several rulings about names that ARE trademarked "falling" into public domain, and it's basically, you're a victim of your own success. Since the word Googol was used as a mathematical term, and has no doubt been used in numerous papers, discussions, etc., I have little belief that this suit would succeed, since the term has definitely been in the public domain for a long time.

    That being said, it would be nice if the Google folks maybe put up some of that IPO money to help kids learn math, or something....
  18. You can't trademark a number by doodlelogic · · Score: 5, Interesting

    Intel found this out to their cost when clone 486 chips came out. On attempting to sue Cyrix et al, they were unable to prevent them from using the number names. Hence the move to the (trademarked) brand name "Pentium".

  19. Next to be sued: Billy DeBeck by The_REAL_DZA · · Score: 4, Informative

    Who's Billy DeBeck, you ask? Why, just the guy who created the comic strip character Barney Google (you know, the guy with the "goo-goo-googly eyes"?!) and King Features Syndicate for distributing the cartoon for the past EIGHTY-FIVE YEARS (which, by the way, doesn't predate Mr. Kastner but which DOES predate the coining of the word "googol" by at least a decade.)

    It's this kind of frivolous abuse of the courts that keeps real and legitimate cases that might bring about real reforms and improvements from being effective (or even successful.)

    --


    This space intentionally left (almost) blank.
  20. That's asinine... by Anita+Coney · · Score: 4, Interesting

    The standard for trademark is confusion in the marketplace. I.e., will consumers be confused about the similarities in the names. E.g., I could legally open an automobile repair facility called McDonalds because consumers would not confuse crappy food with having your car repaired.

    From what I gather, Kasner's family has absolutely no business from which consumers could get confused. They're essentially trying to trademark a word merely because a former family member came up with it. That's not the law. Not only will this case get kicked out, the family will be sanctioned for bringing it.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  21. Re:He didn't. by Czmyt · · Score: 5, Funny

    If anyone names their dot com company "hoinkel doinkel," my three-year-old son is going to sue their ass off!

  22. Prior Art: Barney Google by dexter+riley · · Score: 5, Informative

    From Toonopedia:

    The name "Barney Google" is familiar to anyone who ever watched a TV retrospective of comic strips -- he's the guy with the "goo-goo-googly eyes" in the 1923 Billy Rose song they always play in such retrospectives. Many newspapers use his name in the title of one of their comic strips. And in 1995, he was honored by the U.S. Postal Service in its "Comic Strip Classics" series of commemorative stamps.

    I think Billy DeBeck, creator of the strip, has a better claim to prior art than the nephew.

  23. Re:perhaps not by gowen · · Score: 4, Funny
    assume the company was named "Mickey Mouse Search" or "Star Trek Search"
    Actually, Star Trek was the subject of the first lawsuit of this type, when Scottish mathematician John Napier sued over the phrase "Captain's Log"
    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  24. Legal silliness by kitzilla · · Score: 3, Insightful
    They believe Google has gained financially at their expense ...

    I can't wait to see how these folks' lawyers quantify losses at Google's hands, or how Google's registered trademark causes confusion with the customers of the word "googol."

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  25. Re:Rediculous by lga · · Score: 5, Funny

    Jesus must be spinning in his grave....
    Well he might if he was still in it.

  26. They could take a page from the Apple/Sagan spat by HarveyBirdman · · Score: 3, Funny

    ...and rename the site "butthead great-niece of some math professor."

    --
    --- Ban humanity.
  27. Does anybody know what they would sue under? by cgenman · · Score: 5, Insightful

    It's not trademark law. The family never trademarked the term "Googol." It's not copyright law, or else a whole lot of mathematics textbooks are in trouble. For once it's not Patent law.

    Is there even a realm of law that would cover such a thing?

    Not that I would trust the Inqirer to report the facts without mangling them horribly...

  28. Barney Google by dpbsmith · · Score: 3, Informative

    ...and wait until the King Features Syndicate and/or the heirs of Billy Rose start knocking at the door. The comic strip was created by Billy DeBeck in 1919, so I guess maybe they're in the clear until the next copyright-extension law gets passed--although the comic strip still exists, as "Snuffy Smith." The song is later than that and is probably still under copyright. You all know it, right?

    Right?

    Baaaaaaaarney Google!
    With the goo-goo-googley eyes!
    Baaaaaaaarney Google!
    Had a wife three times his size!
    She sued Barney for divorce--
    Now he's living with his horse--
    Baaaaaaaarney Google!
    With the goo-goo-googley eyes!

    Well, it WAS a big hit. A long time ago.

  29. Geekocracy by Chemisor · · Score: 4, Funny
    > I'm good and sick of this "lawyerocracy" we have here. I'd love to see a "geekocracy".

    Surely, we must first point out the incalculable advantages of having a geekocracy. Our entire lives will be changed! Think of what will be different:

    • Everyone will have 10gbps broadband.
    • Knowledge of programming would be a prerequisite to high school graduation.
    • Taxes will be submitted online in handcoded XML format.
    • The legal system will be refactored to eliminate bloat, duplicate codes, and bugs, establishing the new SLS (Standard Legal System) worldwide.
    • It would be a fedral crime to stuff a geek into a locker (punishable by a year of sex deprivation)
    • Everyone would convert to the metric system.
    • The calendar would be revised to eliminate all those pesky 12 and 60 factors.
    • Everyone would start counting at 0.
    • Normal working hours will be shifted to 4pm-4am.
    • All products will be covered by GPL and would be available free of charge. If anyone wants to make money they would offer installation support, customization, or news services.
    • Pizza will become the new national food.
    • There would be endless debates on whether garbage collection is a good thing.
    • All wars will result in complete assimilation. No civilization can resist our hordes of fusion tanks and leviathans.
    • Killing monsters will become the national pastime.
    • The ruling elite would have to be periodically reelected due to their inability to reproduce. This ensures that the government stays democratic.
    • Natalie Portman will become the national symbol of hope. She will host the annual celebration of the national hot grits day.
    • It will be a basic human right to disassemble stuff.
    • Shorts and teeshirts will become formal attire.
    • Linus Torvalds will be the president of the world.

    1. Re:Geekocracy by pommiekiwifruit · · Score: 4, Funny
      Shorts and teeshirts will become formal attire.

      In other words, everyone will have the right to bare arms.

  30. Oh yeah by Cranx · · Score: 3, Funny

    ...because the word "Googol" has been an inspirational breakthrough in the world of math, and the Google search engine has been little more than a coat-tail rider.

  31. Google doesn't want to be "verbed" by jCaT · · Score: 3, Informative

    This is a side-note really, since it doesn't deal with the word googol, but it's at least halfway on-topic...

    I was talking to a friend who works at Google, and apparently the general consensus is that the company does not want the name of the company to be verbed like Xerox has. Like:

    "Just go google 'litigious bastards' and see what comes up!"

    I can see where they're coming from, as once a term makes it into the lexicon like there is a considerable dilution to the name. Xerox fought that for years. I'm not entirely sure the same thing could happen in this case- but I bet a lot of people were saying the same thing at Xerox in the early 80's.

  32. Faimily Policy by Xibby · · Score: 3, Funny

    My family has a policy for this kind of stuff. It involves beatings.

    --
    I'm going to go back in my box and will think within the limits of my box: MS Sucks Linux Good I read too much Slashdot.
  33. Trademarking a number by booch · · Score: 5, Insightful

    During lawsuits between Intel and AMD over the 486, the courts ruled that a number cannot be trademarked. That's why Intel's next chip was called the Pentium, not the 586. (Intel also named the later 486 chips "i486".) This is also why Google chose to NOT use the name "googol", because they wouldn't be able to trademark that.

    There's also the issue of scope. A trademark does not usually apply to everything, but to a limited area. If the areas of use are distinct and unlikely to cause confusion, the same name can be used by different companies. That's why Apple Records and Apple Computer were able to coexist (until iPod and iTunes came along -- expect some serious friction coming from these two). A search site and a number are unlikely to be confused.

    Finally there is the issue of asserting ownership. Trademarks can be lost if they are not used or enforced. The usual examples of companies on the verge of losing their trademarks due to non-enforcement are Xerox and Kleenex. The family has allowed (you might even say encouraged) the term googol to be used by the mathematics community for decades. To now assert that the word should be reserved for only "authorized" use is ridiculous.

    --
    Software sucks. Open Source sucks less.
  34. That's a really big number by Psymunn · · Score: 5, Interesting

    The total number of particles in the universe is estimated between 10^72 and 10^87. A googol is 13 orders of magnituted higher then that. That means a googol is about 10 trillion times bigger then the numbers of particles in teh universe.
    A googolhedron is 10^300 particles so it's 213 orders of magnitutde greater. Even if we raelise the univerese is 100 trillion times smaller then we thought, we're still not even covering a speck of what is needed. Big numbers are stupid that way.
    Just some food for thought

    --
    The Neo-Bohemian Techno-Socialist
  35. Re:Welcome to the Global Economy. by Snard · · Score: 3, Funny

    Excuse me, I own the trademark to the work "global". You will need to rename this thread "Welcome to the Globle Economy."

    Thank you.

    --
    - Mike
  36. Re:zoobol by Paradise+Pete · · Score: 3, Funny
    Im gonna sue your ass if u make a site caled zooble..

    Too late: Zooble.com