GOOGLE has lost a domain name dispute against a Canadian company that runs a search engine called Groovle.com.
Google had claimed that Groovles name was nearly identical or confusingly similar to its own and that the layout of Groovles pages was highly similar to Google. Google also claimed that 207 Media, the Canadian company that owns Groovle, had clearly selected the name because of the confusing similarity to the Google mark. The Groovle domain name should therefore be transferred to Google, the search giant argued.
However, mediators from the National Arbitration Forum ruled against Google, saying that Google had not provided any evidence whatsoever of any actual confusion. The mediation panel agreed with 207 Media, who argued that Groovle was similar to groove or groovy, rather than to Google.
In order for a domain name to be cancelled or transferred to another company, three conditions have to be met. First, the domain name in dispute must be identical or confusingly similar to the complainants domain. TG
Second, the owner of the domain name must not have a legitimate right to own it. Third, the complainant must show that the domain in dispute is being used in bad faith. The NAF ruled that Google had failed to establish all three elements.
A message at the bottom of every Groovle page says Groovle.com is not owned, sponsored or endorsed by Google. It is not clear whether this has been added since the NAF decision. TG
This news was published in print paper. Access complete paper of this day.
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