Google Sends Legal Threats to Media Organizations
rm69990 writes "Google, becoming more and more concerned about the growing use of the word google as a verb, has fired off warning letters to numerous media organizations warning them against using its name as a verb. This follows google (with a lowercase g) being added to the Merriam-Webster Dictionary in June. According to a Google spokesperson: "We think it's important to make the distinction between using the word Google to describe using Google to search the internet, and using the word Google to describe searching the internet. It has some serious trademark issues.""
I think the reasoning behind this is that Google is attempting to preemptively stop any possible legal issues with their name. I mean, you run into issues when things are known by a brand name. Take for instance Kleenex, Jell-O, Frisbee & Hoover. You know what all these are and there's a fairly good chance you've called an imposter brand the same name.
What I speculate Google is worried about is that the verb "googled" becomes generic for search as in "I googled it." And the law says you can't trademark something that is generically used. Essentially, if a case occurred with a rival search engine putting "Just google it!" at the top of their page and the court said they could do that because 'google' is a generic term, then you would have precedent for millions of Google imposters seeking to make money off the Google name (since it just means search to the general public).
Google figures it already is a household name. The last thing they need is the media dumping 'google' as a verb in the papers because if they start putting it in headlines and stories--it's a much easier case for another company to claim it is part of the English language. Hell, it's already in two entries in the Oxford dictionary. I think you could already argue a case to use the word "google" to mean search on your site.
My work here is dung.
What the hell is Google thinking? Any mention of their name is great publicity and they should be happy with it. Instead they look like a bunch of corporate penny mongers trying to be a general inconvenience.
:-( and threatened to charge anyone that used them. "Let our message to trademark violators be clear. Whether you are a 4th grade nothing using your momma's AOL account, or you are Time Magazine's 'Man of the Year', we are going to hunt you down, and when we do, we're really going to give you something to :-(® about."
:-P.
It almost reminds me of the time that Despair, Inc. patented the frowney emoticon
The only difference is that Despair was only joking
--
"A man is asked if he is wise or not. He replies that he is otherwise" ~Mao Zedong
Capitalism: When it uses the carrot, it's called democracy. When it uses the stick, it's called fascism.
Anyone hear about that one site that got slashdotted the other day after it got posted on Digg? It was down for ages!
Like many other companies, they didn't worry about it until it became too mainstream to stop. It's like LEGO wanting people to call them "Lego bricks" instead of "Legos", or Kleenex using "Kleenex brand tissues"- it's not going to happen, and at some point they will lose their trademark rights because of it.
That's fine... we'll just use "yahoo" (Of course it would be lower case "y") as a verb instead... *sigh* "I'm going to yahoo that..." -It just doesn't have the same ring to it...
I don't understand why Google would be upset by this usage. They have lots of word-of-mouth advertizing that gets done when people refer to "googling" something.
My Chem 101 teacher even used the term often in lecture. And I'll bet that the kids who "googled" the things he recommended used Google 10 times out of 10.
It seems to me that Google has a lot ot gain from being synonomous with searching the internet.
Has anybody googled the author?
Obviously, some moderator was upset that 'to be slashdotted' was associated with Digg in the parent. I think this just validates why Google is taking this action.
Anyway, nice one, AC.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
No, this does not make Google evil. Like any company, they have to protect their trademark, or they risk losing it. If some other company can show that people are using the term Google generically (not referring to Google itself), that Google knew about this and did not take action to prevent it, then they can challenge the trademark.
Would it not be more correct to make the exact definition of the verb "google" to be "to use the Google.com search engine to search for information on the internet"? I mean, with the current definition, a person could say, "Yeah, I just googled it on MSN." I'm surprised Google hasn't gone after the dictionary to get the definition changed.
"Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
Wasn't helping out an evil totalitarian regime oppress their citizens sufficiently evil for you? Apparently not... but enforcing a trademark is?
How is protection of a trademark evil?
If they don't do that, then Microsoft could legally set up "google.microsoft.com" and run all their searches through there.
IE could say "Google: " and point the query at MSN.
Google is a business. If they don't protect their trademark, they're committing suicide. If the management doesn't, they're going to be sued into oblivion by their shareholders.
Evil? Just because you don't understand an action doesn't make it evil.
'' How does it hurt google for it's name to used as a verb? ''
Same as it hurt Xerox that their name was used as a verb. Once it becomes part of the language, it can lose its trademark status. Like Xerox, Google doesn't really care if you use the word, they are just legally obliged to send you a threatening letter.
From the article: Web veterans have also been taken aback by Google's suddenly humourless approach.
I'm not sure why The Independant is speaking for this web veteran. I'm not taken aback. I respect this move by Google. This seems like a perfectly legitimate way to defend their trademark.
Anyone remember Buffy The Vampire slayer?
Willow: Have you Googled her yet?
Xander: Willow, she's seventeen!
"Help" Season 7, Episode 4
Summation 2
See, Google is starting to become Evil.
Don't worry. I'm still in the early beta stages. I'll let you know when I've become fully actualized.
This guy's the limit!
Once I was feeling artistic, so I Googled how best to Xerox my head onto a Playboy Bunny, maybe using some Scotch Tape, but found out I could Photoshop it instead. So, I had a Coke, grabbed some Kleenex, and got to work.. but was disturbed by my mom coming in to Hoover. So I quickly shut down the PC, and decided to use Crayolas and Play-Doh instead.
Slashdot Burying Stories About Slashdot Media Owned
Before everyone starts with the "OMG, Google is Evil!" let me say this.
Companies have collective wet dreams about their product names replacing generic terms, like Panadol instead Paracetamol, or Coke instead of Cola. But this is always as a reenforcement of their brand, if the term "brand" is understood NOT as simply a logo and pakaging, but all the intrinsic values of the product combined. For instance, if you ask for Panadol, it's for the brandname drug that is fast acting and effective in a low dose.
So when we say "to google" we mean to use this very efficient search engine with a low signal to noise ratio to quickly come up with a useful fact. Googles beef with this is the use of "to google" to mean "Use any search engine to...", this is akin to you going to a restaurant and upon asking for a Coke, you are instead served a Pepsi or Dr. Pepper.
Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
"Would these be the same media companies whose content Google is stealing on Google News?"
I google the news on Google News a lot. However, I've never seen stolen news there. I've seen copied news, but nothing stolen. I'm always able to find the original source, still there, easily.
Where were you when the voynix came?
Could someone Xerox it for me?
"Flyin' in just a sweet place,
Never been known to fail..."
Q-tip, Xerox, Escalator, Velcro, and Band-Aid are some more that haven't been mentioned yet.
Wiki entry for Genericized Trademark here
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
Aww, the Japanese verb 'guguru', to search on the internet, is almost the only import from English that I don't hate. It's cool the way it becomes a proper verb with a full set of conjugations:
guguru -- google it
guguritakunakunaru -- to no longer want to google it
guguriyagaru -- f@@king google it
gugureba -- archaic pluperfect tense, now used as a subjunctive
gugurikarikeri -- poetic form: 'to have once been googled... and perhaps to be googled again'
Possibly from proto-Japonic '*gugumi', c.f. Goryeo '*g-g-o'.
Mind, I suppose it would depend on whether Google trademarked 'google' spelt in katakana.
Whence? Hence. Whither? Thither.
Protection of a trademark isn't evil, but Google made a big mistake when they chose the "don't be evil" motto. Now every negative press article about them quotes the motto, in a context that makes it look hypocritical. Just look at TFA, which begins "... Google, known for its mantra "don't be evil", has fired off a series of legal letters ...".
They also stole "Googolplex" to name their corporate offices.
Google is as bad as Micromart, Wal-soft, and LOL. Part of their success is making you think otherwise.
I suggest you read Slashdot
I'm probably responding to a troll, but take a gander at this.
So, suck it up, Google. This means you've won!
Sony lost its "walkman" trademark for just the same reason: It became an everyday word for a portable cassette player with earphones, so everyone may call his product "walkman".
I can understand the move. They sure as hell don't need more "market presence", they already have it. But isn't it interesting how things change? During my marketing courses, our teacher was running up and down with the primary goal to make your product name the "generic" name for the product group, so your brand is on everyone's mind when they think about the product group. Today, it's the worst thing that could happen to you, you may well lose your brand that way.
Did I already say today that brand/patent/copyright laws are sometime a little off the path of common sense?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
I think the "evil" part of it is that Google is warning media outlets to stop using a perfectly cromulent word or (presumably) face legal action, just because it is, as you point out, inconvenient for them.
Google is a business. If they don't [DO X], they're committing suicide. If the management doesn't, they're going to be sued into oblivion by their shareholders.
Pointing out that a corporation needs to do something to protect it's business is no defense against the claim that the action in question is evil.
"He insisted on programming the solution in Perl, but I googled him around a bit and he finally reprogrammed it in PHP." Translation: to bully.
"The manager wanted the TPS reports yesterday, but I told him my email must have been googled and that I would have to resend it." Translation: to get lost in a mess of seemingly incomprehensible data.
"She has nice legs, but I heard that one guy who asked her out got reprimanded by the googles." Translation: overly sensitive PC/PR lawyers who retain power through the threat of incoming litigation.
"I checked my stock balance the other day an my shares had dropped $200! I lost over a million dollars! Then I woke up and realized it was just a google." Translation: nightmare.
"I wanted to buy the new GM hybrid, but after I read the consumer safety warnings about its sneaky legal tactics, that googled me over to Toyota." Translation: to drive away customers via bad corporate reputation.
Yes. In Britain we use the verb hoover almost always in stead of "vacuum". Some people simply use "sweep". We also, like everyone else, use coke to mean generic cola. But we use photocopy/photocopier and almost never Xerox. We use a plaster and never a Band-Aid. We certainly don't have dumpsters, only bins. We don't use the word Kleenex, we call them tissues. Jell-O is, erm, jelly (your jelly is jam, except when smooth and then its jelly!). Amusingly a news reporter this morning got into a mess when she tried to avoid a proprietry name for a handheld gaming system: "A mother was sure her two small boys would be able to take their (pause) playboys onboard their plane". In fact, apart from Hoover and Coke I think we generally don't use brand names. I await the many corrections.
I have discovered those strange beings in southern United States of Americia (As opposed to Canadia) describe all soft drinks as "coke" even though they are from rival companies. They are truly strange beings.
This is what happens when super good small companies get big and powerful, and then get lawyered up. Expect the same life cycle of arrogance to continue at Google just as it has at Microsoft, Sony, etc.
and the #1 alternative to "I googled it":
This space intentionally left (almost) blank.
On related news, YouTube is taking legal steps against the US Senate for using its brand name to describe the internet ...
Senator Stevens was not available for comment ...
Bayer AG lost the aspirin trademark at the end of WW1 when the US confiscated Bayer AG's holdings. Sterling Drug bought the American and Canadian "Aspirin" and "Bayer" trademarks from the US government. In the US, aspirin was ruled to be a genericized trademark in 1921. In Canada, Aspirin remained a Sterling Drug trademark. Bayer AG bought Sterling Winthrop (and the Aspirin and Bayer trademarks) from SmithKline Beecham in 1994.
Heroin was also a Bayer trademark until the end of WW1. Bayer AG was merged into IG Farben sometime after WW1. After WW2, IG Farben directors were convicted of massive war crimes, as a result, IG Farben was broken up in 1951 -- Bayer AG was again a separate company.
I googled a phrase that I'll xerox onto frisbees once I find a kleenex to wipe off the band-aid goo on the pretty kodak that'll be above the phrase.
Although in some ways the pervasion of Google as a verb might possibly be a Bad Thing (TM) for them (as reflected in earlier comments), they just appear petty to people by doing this. I would have thought such widespread use just reflects the strength of their brand.
Adobe also gets their knickers in a twist about the use of 'Photoshop' as a verb. Though I'm not totally sure it's not meant in a 'It's funny. Laugh' sense...
If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
According to this Wired story, Xerox "successfully defended their legal ownership."
http://www.wired.com/news/politics/0,53040-0.html
google: verb - to search for information on the Internet.
Google may as well be trying to stop the sun from shining. "google it" is an everyday phrase.
They can join the ranks of xerox, jello and kleenex. Their trademark is so successful, that it's become a generic term.
LK
"Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
I googled to find out that my patented jello frisbee is really a gelatin dessert flying disc. I asked for a kleenex to wipe away the tears and someone handed me some generic tissue paper instead.
"To be is to do." --Socrates
"To do is to be." -- Aristotle
"Do-Be-Do-Be-Do..." --Sinatra
Waiiiit. There's people out there who use other search engines than Google? Crazy humans. I'm sure if anybody actually listens to this sillyness there's a few companies (Band-Aids and Frisbees and Kleenex and Xerox...) who will want on the futile letter writing scheme.
Your post is so informative, I suspect you wikied it.
OJ
"Artificial Intelligence usually beats real stupidity."