The trial between the Ukrainian division of Google and the company GOU OGLE

The trial that unfolded last year between the Ukrainian division of Google and the GOU OGLE company ended. Google tried to defend the rights to the domain Google.ua, which was owned by GOU OGLE, which hosted a dating site on it.

On February 3, 2009, the Kyiv Commercial Court, on Google’s lawsuit, ordered GOU OHLE to stop using the corporation’s registered trademark in the Google.ua domain name, and to remove the delegation from the disputed domain from the domain zone registry (“Hostmaster”). However, the defendant disagreed with this decision and appealed. The law office representing the interests of the defendant specified that the GOU OGLE company has owned the Google and Go Ogle trademarks registered in Ukraine in classes 9 (scientific devices, computers, cash registers and calculating machines) and 45 since 2006 (social, security services, marriage agencies).

“Formally, GOU OGLE could register the Google trademark,” experts say. “For example, if Google registered its trademark in class 35 (advertising services), then another company may well register the same trademark in class 45. This is not against the law. However, Google has a better chance of winning a lawsuit because the Google trademark is well known. ”

The Kiev Economic Court of Appeal in case No. 12/25 on the termination of violation of intellectual property rights to a commercial name rejected the appeal of GOU OGLE, and upheld the decision of the Kyiv Commercial Court.

Thus, Google-Ukraine will finally be able to use the domain Google.ua instead of the current - Google.com.ua.

Interestingly, several more domain names are registered in the name of Oleg Bogatov, affecting the interests of large companies. In particular, Forbes.ua, Interfax.ua, Fortune.ua, Naftogaz.ua, Stirol.ua and Mittal-Steel.ua.

Let me remind you that just in February this year, Google sued the Belarusian domain Google.by, which was registered by a third party that has nothing to do with Google, and completely copied the site of the search engine. In this regard, the corporation filed a lawsuit with the court about violation of rights to the trademark and company name. The case was pending before the Supreme Court of the Republic of Belarus. The court decided to cancel the registration of this domain, as a result of which Google was able to register the Google.by domain in its name.