Google News

Via Slashdot, we learn that the King of Search Engines, Google, has issued a cease and desist letter to the Pimp of Search Engines, Booble. Booble claims protection under the First Amendment, alleging that their name and style are parodies of Google's.

Comments

[Warren]

Re: Harm to Google,

I think they can show harm. One of the great things about Google it is an excellent search engine for adult content. (Yes, I know that from personal experience.) Booble's success could very well come at Google's expense.

[dhex]

because people are mistaking google for booble?

that's a steeeeeeeeeeeretch.

otherwise harm is coming to google cause booble is better than google to facilitate the oogle?

[Douglas Fletcher]

Hey, not bad.

[JSM]

How is this any different from Yahooka.com?

[greg]

Well, the harm in this case isn't direct loss of customers it is loss of trademark rights.

There are two ways to sue for trademark infringement. The first common way is for sue under actual confusion. If customers were confused and actually thought booble WAS google's porn searher that would be confusion. This is possible and they will assert it if necessary BUT...

the more likely way to assert trademark infringement in this case is by claiming trademark dilution. This requires no actual confusion but simply a showing that the mark itself is harmed by the association of detrminental images with their mark or by its simple overuse in the market.

For example, a McDonald's porn shop will not be confused by most people to be owned by the actual McDonalds, but, they can still stop them from using the name because it dilute the effectiveness of their trademark, especially if everyone were to do it. Like say pooplescoople.com for a dog search engine etc..

Dilution has been weakened lately but it is still somewhat viable i think. (Victoria's Secret lost a dilution case to a local porn shop Victor's little secret, but that had more to do with the facts of the case)

Anyway, just ask Thermos, corp. and Escalator, corp. what happens when you let everyone use your name indiscriminately. Xerox almost lost its trademark as well.

BTW. It is definitely not a parody. They make money off a search engine.

[MK]

What's more shocking, the legal action Julian mentions or the fact that it took this long for someone to create Booble?

[mtc]

well i call bullshit on the parody defense.
clever as it is, the purpose of booble is clearly to provide a search engine for adult content, and I imagine somewhere along the way, make some money off of it. there is no parody here, they're just ripping off the recongizability of google. this ain't satire or parody or art, its just an infringement on googles trademark to make a buck off of porn.

[Nick B]

So if SNL tries to make a buck off their comedy they are no longer protected under the grounds they are parodying whatever it is they are making fun of?

[dhex]

unless google can demonstrate some sort of harm to their business - good luck - i don't see what they're bitching about.

[R. C. Dean]

Nick - naw, its more like if SNL decided it wanted to call itself Foxy News, the fair and balanced news report, do away with the skits and whatnot, and just do, you know, news stories read by hot anchorettes with full, pouting lips, perfect blond hair, and skirts that are just a little too short - that wouldn't really be a parody, it would be a pretty straight ripoff.

Wouldn't it?

[mtc]

Nick-
This wouldn't be news, this wouldn't be anything other then a straightforward trademark infringiment if it weren't for the fact that, well, boobies make some people giggle. It's a clever name, but it only passes for parody because sexuality gets us amused and embarassed. But I just can't see anything about it that is intended as parody. SNL is protected because it is actually making fun of somethnig. Booble isn't making fun of google, or even boobs for that matter.

I think google has the right to complain, though I'm not sure I would have bothered in their position. Conterversy over booble is just incredible PR for them, and it doesn't necessairly detract from googles name. But just because you can't demonstrate harm or that some moron will be confused by it, doesn't give booble the right to mouch off the achivement of google in creating a household name for itself.

[Swamp Justice]

Maybe Booble is hoping to be acquired by Google? 🙂

[samhain]

Note to self: Bookmark booble.com when I get home.

[c]

Just for the record, I think RC Dean's idea is great!

[Nick B]

Tell you what. Assuming you are not offended by images of cartoonish boobs, actually go to the site in question. It is clearly using the Google format as a parody. From a parody of Google's "I'm feeling lukcy" search button to a disclaimer at the bottom reading "Booble.com is not affiliated with any other search engines (for starters, we have a sense of humor)".
As for the "Foxy News" thing, I'm sure somewhere in the land of cheap porno movies someone has already used that idea. Most of us understand that to be a joke.