Even ‘Internet Giants’ like Google are not immune to trademark controversies!
We often talk about how Google is one of the biggest advocates for trademarks, having implemented significant changes in their search engine and ads platform to prevent people from leveraging company names for personal gain.
One common example of trademark abuse we used to see on Google was companies advertising on Pay Per Click under their competitors’ names. For example, you would search for ‘Coca-Cola’, and at the top of the page, you might see a Google ad for ‘Pepsi’.
This was quite clever, as with the right messaging in the ad, such as “Did you know 65% of people say Pepsi tastes better (they don’t, this is hypothetical) and you can save 35% buying Pepsi online,” Pepsi might win a few more customers.
In reality, this would never happen because Coca-Cola has a registered trademark. Google would not allow anyone to advertise under that name without demonstrating they have the right to use the mark!
So, if you don’t want people riding on the coattails of the brand you’re building, registering your trademark is the best way to enforce your brand rights (directly with Google).
If you want to read more about Google’s current trademark plight, scroll down…
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Google LLC has been dragged into trademark litigation by Gemini Data Inc., an artificial intelligence software company based in San Francisco, alleging that it has been using the name “Gemini” for its AI system and committing trademark infringement. The case has been filed with the U.S. District Court for the Northern District of California, holding Google liable for knowingly infringing the trademark rights of Gemini Data and creating consumer confusion and unfair competition.
The Background of the Matter
Gemini Data was established in 2013, and it has been using the “Gemini” trademark in business since 2011. Gemini Data owns federal trademarks that cover the use of “Gemini” for software and related services.
Google gave Gemini a wake-up call when it arbitrarily renamed its AI chatbot from “Bard” to “Gemini” in February of 2024. This move was part of Google’s strategy to enhance its AI capabilities and enhance its competitive advantage in the mushrooming AI industry. Before that, Google had filed an application to register the “Gemini” trademark with the USPTO on September 27, 2023.
USPTO Rejection and Continued Use
In May 2024, the USPTO denied Google’s application to be allowed as a trademark because of confusion with the existing trademarks of Gemini Data. According to the USPTO decision, granting the trademark for Google would likely lead consumers to perceive products from both businesses as connected or approved by the latter.
Even after Google failed in the attempt to acquire the name, it continued using the name “Gemini” for its AI system. According to the lawsuit, Google attempted to register the “Gemini” trademark through a shell company, which they failed to do. Gemini Data would not sell the trademark rights over the brand, which showed their dedication toward maintaining the identity of the brand.
Claims Against Google
Gemini Data filed a complaint with a district court, alleging that Google wilfully and knowingly infringed on its trademark rights. According to the complaint, Google’s use of the name “Gemini” is likely to cause confusion among consumers, dilute the distinctiveness of Gemini Data’s brand, and unfairly divert business opportunities.
The complaint further observes that Google’s actions are more than mere coincidental or accidental negligence regarding Gemini Data’s accumulated rights. It also points out that even Google’s AI chatbot recognised the existence of the trademark dispute when their trademark application was denied, referring to it as a “developing situation.” This lawsuit aims to prove that Google is fully aware of the infringement.
Legal Claims and Demands
Gemini Data has a litany of claims made based on a lawsuit, including:
An Injunction: Preventing Google from continuing to use the “Gemini” mark for its AI system.
Money Damages: Damages on claims for trademark infringement, unfair competition, and false designation of origin.
Attorney’s Fees and Other Costs: The recovery of attorney fees and other costs for the litigations.
Case Filed under the name Gemini Data Inc v. Google LLC, U.S. District Court, Northern District of California, No. 3:24-cv-06412.
Position of Google
Google has said nothing about the case in public. The company does indulge in rebranding by giving its products names that recall everyday words or phrases, sometimes leading to litigation. It remains to be seen how Google will respond to these complaints and whether they will file a legal defence, change the name of its AI system, or settle the case.
Impact on Google
This lawsuit adds to the list of active litigations against Google. The search engine company has recently been accused of several antitrust cases and has been put under the spotlight due to its monopolistic practices in its search engine and advertising technologies. A trademark infringement case, such as the one with Gemini Data, could mark the beginning of many significant battles for Google over its branding techniques, especially in a competitive AI market.
Industry Response
The legal fight has attracted lawyers and other key industry stakeholders. According to intellectual property attorneys, trademark infringement cases are largely decided based on whether there is a likelihood of consumer confusion and the strength of the pre-existing trademark. In this case, given that both companies are in the AI software industry, confusion may be more likely.
Some experts believe that large corporations like Google have the resources to prolong court battles, making it difficult for smaller companies to endure. This raises further concerns about how small companies can protect their intellectual property rights when facing giants, which is one of the primary reasons companies like The Trademark Helpline exist, offering monitoring and representation services at a fraction of the cost of traditional legal firms.
Background Cases in Trademark Disputes
This isn’t the first time Google has been accused of allegedly infringing existing trademarks. For instance, back in 2009, the company was accused of infringing an existing trademark with the naming of its programming language “Go,” which was preceded by an earlier programming language called “Go!”. This and similar cases highlight how difficult it is to secure unique names for products in the crowded technology market, and why we always recommend that brand owners, especially those with limited budgets, conduct a full trademark audit before investing in their brand.
Conclusion
This case may well set a precedent in how tech industry trademark disputes are handled, particularly in relation to AI products and services. If the court rules in favour of Gemini Data, Google might have to rebrand its AI system and potentially pay substantial compensation in damages.
Both companies are likely to study and prepare thoroughly for the litigation. For Gemini Data, they have no choice but to go into battle to protect the brand they have developed and their market position. For Google, this case might prompt a review of their branding strategies and intellectual property practices.
Stay Updated
We will continue to monitor developments in this case and provide updates as they become available. The intersection of technology, law, and corporate strategy in this dispute offers valuable insights into the complexities of operating in the modern digital landscape.
For businesses navigating the intricacies of trademark law, it is crucial to conduct thorough research and seek professional legal advice when developing and naming new products or services. Protecting your intellectual property not only safeguards your brand but also ensures compliance with legal standards, preventing costly disputes down the line.
