“Googler” is not a verb: UDRP decision

By August 27, 2008 Disputes No Comments

A registrant who registered 26 domain names with Wild West Domains, Melbourne IT’s Internet Names Worldwide and GoDaddy containing “googler” such as businessgoogler.com and cargoogler.com has lost a UDRP complaint. The decision said the domain names were registered in bad faith.

The Respondent made a number of contentions. He alleged “google” is in common use as a generic verb to describe making an internet search and referred to three dictionary entries where a “googler” was described as someone who carries out internet searches. He also claimed “googler” is used to describe a person who bowls a googly in the game of cricket. He further refers to a cartoon character, “Barney Google”, and a children’s entertainment website at “googles.com” which predated the Complainant’s adoption of the name “Google”.

Surprisingly the respondent also claimed the disputed domain names were not deceptively similar to the Complainant’s mark, GOOGLE and that the domain names were registered and used for research in good faith.

However none of the above claims or any other made by the respondent were believed and the domain names were ordered to be transferred to Google.

The panel decision is available from www.wipo.int/amc/en/domains/decisions/html/2008/d2008-0994.html.