Shelstons IP – Google keeps competition at bay

Tim Clarke and Sean McManis of Shelstons IP report on Google, Inc’s successful opposition of an application for registration of the GOOGLEBAY mark in the name of Dmitri Rystk, covering consumer market information services in Class 35.

According to Tim Clarke and sean McManis, Google established that:

• the GOOGLEBAY mark was deceptively similar to the GOOGLE mark and that consumer market information services are similar to dissemination of advertising for others via the Internet.

• Due to Google’s reputation in Australia in relation to its GOOGLE mark at the time of Rystk’s filing date (16 June 2006) use by Rystk of GOOGLEBAY mark would be likely to cause deception or confusion.

Shelstons IP – Google keeps competition at bay