Google Loses Trademark Battle In Germany

After an almost three-year fight for the use of "Gmail," a German court has ruled the trademark does not belong to Google.

The term “Gmail” may commonly represent a reference to Google’s popular e-mail service, but in Germany, Google was beaten to the punch on the name game. Daniel Giersch, founder of G-mail, took Google to German court nearly three years ago over use of the name. On Wednesday, a court ruled  in Giersch’s favor, banning Google from using the name in Germany.

Giersch has been using the G-mail name since 2000 for his hybrid mail system, leading to the Hanseatic Higher Regional Court’s judgement that "Google infringed the young businessman’s trademark that had been previously been registered." The German businessman has said that he has no plans to sell the name to Google, and will continue to use it for his own venture.

The fight over Gmail isn’t settled yet, however. Google has filed suit against Giersch in Spain, Portugal and Switzerland for use of the name. The outcome in those countries, though, might be similarly dismal for the online giant. In Switzerland, the case has already been thrown out, and Giersch plans to file his own suit to block Google’s use of the name there.