IIR
has been negotiating with the search engine since Google launched
Gmail in April 2004, arguing that it has a prior claim to the mark.
Both firms have submitted trade mark applications, but the Patent
and Trademark offices in both the US and UK have yet to approve
either application.
The firm says that a report on the trade mark last year
valued its worth at between £25 million and £34
million.
According to IIR, negotiations with Google have now broken down,
and it is considering further legal action. Speaking to CNET
News.com, IIR chief executive Shane Smith revealed that the company
might commence proceedings alongside a German firm with a
similar claim on the Gmail name.
Giersch Ventures has already won a temporary court injunction
against Google, which was ordered to change the name of its Gmail
service in Germany, at least until the case comes to trial.
"We think Google is a good company with good products, but we
have a pre-existing right to this name,” Smith told CNET. "On the
grounds of it (being) in the interest of our shareholders, we have
to defend that right".
The announcement came shortly before Google learned the result
of an ongoing action brought against it by Microsoft. The software
giant sued Google in July after former executive Kai-Fu Lee left
Microsoft to head up Google’s new product research and development
centre in China.
According to yesterday’s ruling by Judge Steven Gonzales:
“Google’s use of Dr Lee to engage in
recruiting activities relating to Google’s planned research and
development facility in China, pending trial, including
establishing facilities, hiring engineers and administration staff,
interacting with public officials regarding the facilities and
recruitment, meeting with universities and administrators regarding
recruitment and offering general non-technical advice to Google
about doing business in China, does not violate the Agreement
[restrictive covenant between Microsoft and Dr Lee] provided Dr Lee
does not recruit from Microsoft or use any confidential information
from Microsoft”.
Both sides claimed victory in the case, which, according to
Microsoft, restricts Dr Lee to limited interviewing and site
location activities.
Nicole Wong, Associate General Counsel for Google, on the other
hand, claimed in a blog, “There are some restrictions, but the
ruling basically allows Dr Lee to do what we've wanted him to be
able to do.”
