QUESTION

Would it be legal under trademark and copyright laws to name my search engine company "Not Google"?

Asked on Jan 22nd, 2012 on Intellectual Property - New York
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2 ANSWERS

From what you ask, it appears that you are asking if you can use "Not Google" as an identifier of your goods or services. This is a trademark use. Under trademark law, you can only use someone else's trademark as a "fair use" if you are using those words descriptively, for example the words are otherwise used to describe common objects. For example, you can use the word "apple" to describe the fruit and the company cannot stop you from using it in that way. In some courts, there is also "nominative" fair use where you can use someone else's trademark to refer to the actual trademark owner or its goods/services. It doesn't sound as if you are doing either of those here. Copyright does not seem to be implicated from what you have asked, however if you decide to pursue this further I strongly suggest you consult an intellectual property attorney.
Answered on Jan 24th, 2012 at 1:32 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Your right, if any, to use the word GOOGLE in the name of your service depends on trademark law. The test of trademark infringement is whether an appreciable portion of the consumer public will be confused into believing that Google authorizes or sponsors your service. Because the name of your service incorporates Google's mark in its entirety, there is at least some chance of that. And you should be mindful that Google will come after you, and you will be forced to defend yourself at tremendous expense, even if you ultimately prevail.
Answered on Jan 22nd, 2012 at 8:45 PM

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