DARNESTOWN, Md., July 7, 2004 – LAWFUEL – Citing superior rights to the
GOOGLES name in the children’s arena, Googles, a children’s website, has filed
trademark proceedings with the U.S. Patent and Trademark Office against Google
Inc. The filing challenges the registration of Google Inc.’s mark GOOGLE for
children’s and other products, email services and search engine.
In two separate actions, Googles, operated by Stelor Productions Inc.,
filed a notice of opposition to a trademark application for the mark GOOGLE
for a long list of “Google” goods and services, including children’s books,
stickers and children’s clothing. It also separately filed a petition to
cancel an existing registration for the mark GOOGLE for email and search
engine services.
In both proceedings, Googles has asserted that consumers are and will
continue to be confused, with the use of the search engine’s GOOGLE mark for
goods and services targeted for children.
In deciding to file the actions, Steven A. Esrig, CEO of Darnestown, MD-
based Stelor Productions, which has the exclusive worldwide rights to the
GOOGLES mark and characters, cited the increasing harm Google has caused to
his children’s business:
Since its startup, Googles has worked to develop story lines around its
“Googles from Goo” alien characters, games, music recordings and other
elements to expand its web presence. In addition, the company has developed
stickers, CDs, plush toys and other items to promote its website and generate
income. It recently launched several Googles-themed children’s songs on
iTunes. Its future expansion plan includes attracting investors as well as
licensing its concepts and characters for other children’s entertainment
media, including television.
According to Esrig, Googles seeks a co-existence agreement with Google
Inc. “The web is a big enough space for both of us, but not if Google
trespasses on our domain for children,” he said. “Even though Google Inc. is
bigger, better capitalized, and more widely known, the company can’t continue
to pretend we don’t exist. We were first in this trademarked space, and
Google has no right to seriously damage our brand and our business. That’s
what trademark law and intellectual property rights are all about.”
“In other words, Googles has been stopped cold by Google Inc.,” Esrig
said. “Their mark is confusingly similar to ours. The sole distinction between
the two is that Google Inc. is using the singular version of our registered
mark GOOGLES.”
According to Stephen H. Sturgeon, a Washington, D.C.-based trademark
attorney, differences in the size and public visibility of Googles and Google
Inc. are unlikely to influence the outcome of this classic David-v.-Goliath
confrontation.
“Trademark laws are designed to protect the small corporation,” said
Sturgeon. “It appears to me as if Googles has a solid case. They have rights
they can use to stop Google’s expansion.”
The Googles from Goo is an educationally based, environmentally friendly
and scientifically-conscious animation and live-action hybrid targeted to
children in the 2-10 year range. Realizing the significant domestic and
international parental demand for non-violent educationally-based children’s
characters, Stelor Productions, the exclusive licensee to the Googles creative
concepts and products, has developed the characters’ storyline to include
musical, video, written and gaming applications. The Googles have a loyal
following among children and their parents, who for many years have used the
interactive website at http://www.googles.com. The site uses the mark “GOOGLES COM.”
