Googled Off

Body

Dear Sir/Madam:

Google is the owner of the well-known trademark and trade name GOOGLE.  As you are no doubt aware, GOOGLE is the trademark used to identify our award-winning search engine, located at http://www.google.com.  Google owns numerous trademark registrations and applications for its GOOGLE mark in countries around the world.

Google has used and actively promoted its GOOGLE mark for a number of years, and has invested considerable time and money establishing exclusive proprietary rights in the GOOGLE mark for a wide range of goods and services.  In addition, Google has developed a distinctive layout and design for its website at www.google.com.  Google has invested considerable time and money establishing exclusive rights in its trademarks, trade dress, and copyrights.  As a result of its efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value.

You have registered, without Google's permission or authorization, the domain name googlecircles.com (the 'Domain Name').  The Domain Name incorporates the famous GOOGLE mark in its entirety.  Please note that your registration and use of the Domain Name incorporating the famous GOOGLE mark in its entirety constitutes trademark infringement, dilution, and bad faith registration under the UDRP.  Your registration and use of the Domain Name is actionable under the UDRP.  Under similar circumstances, Google has prevailed in numerous UDRP actions.  These decisions are located online at http://www.icann.org/udrp/udrpdec.htm.

Moreover, your copying of Google's distinctive trade dress and copyrighted content is not authorized by Google, and thus violates Google's copyright and trademark rights.  Your posting of a virtually identical page advertising Google Circles, including terms of use for Google Circles, is clearly designed to deceive consumers into believing that your page and product are sponsored by Google.

Accordingly, we demand that you agree to the following:

1. Immediately discontinue any and all use of the GOOGLE mark and logo;

2. Immediately discontinue any and all use of the Domain Name and take immediate steps to transfer the Domain Name to Google;

3. Identify and agree to transfer to Google any other domain names registered by you that contain GOOGLE or are confusingly similar to the GOOGLE mark;

4. Immediately and permanently refrain from any use of the term GOOGLE or any variation thereof that is likely to cause confusion or dilution, including GOOGLE CIRCLES; and

5. Inform Google, in an email sent to TM_enforce@google.com (a) of the measures that you have taken in this regard; and (b) agreeing not to use any trademarks or copyrights owned by Google without the advance written consent of Google.

Given the seriousness of this matter, we would appreciate receiving a response from you no later than Tuesday, April 11, 2006.


Very truly yours,


Trademark Enforcement Team
Google Inc.
TM_enforce@google.com