"G-mail" Lawsuit: Giersch Wins Against Google

    HAMBURG, Germany, July 4 /PRNewswire/ -- Round four in the infringement
 lawsuit between Daniel Giersch and Google over the "G-mail" trademark.
     And the winner is: young businessman Daniel Giersch (33). Giersch has
 achieved what appeared doubtful given the size of the Google global
 corporation: Google is not permitted to use the "Gmail" name in Germany.
 "In doing so, Google infringed the young businessman's trademark that had
 been previously been registered," said the Hanseatic Higher Regional Court
 in its judgement (Az 5 U 87/06, July 4, 2007). "As far as the Hanseatic
 Higher Court is concerned, the legal situation is unambiguous to the extent
 that it has not allowed an appeal to the Federal Court of Justice," said
 Giersch's lawyer Sebastian Eble, from the office of Preu Bohling & Partner.
 It is a legendary victory, because for many Daniels fighting "Googliaths,"
 confidence and financial means run out in the long course of battle.
     The trademark lawsuit over "G-Mail" has dragged from court to court,
 from one German federal state to another, for almost three years. It has
 cost a lot of money and nerve. Each individual court process has required
 five-figure amounts. In addition to the "G-mail" lawsuit in Germany, legal
 proceedings by Google against Giersch are also underway in Spain, Portugal
 and Switzerland. As lawyer Sebastian Eble confirmed: "Google has announced,
 at least in writing, to 'fight' my client abroad for as long as it takes
 before he drops the legal claims lodged in Germany." But Google has found a
 strong opponent in Daniel Giersch.
     The scales of justice are weighing ever more in favour of the young
 businessman and not only in Germany: in Austria, the process has already
 ended to his advantage.
     In Switzerland, the first instance in the Google-led cancellation
 proceedings has been won. Following the final judgement, Giersch will also
 lodge a claim against Google to prevent the use of "Gmail" in Switzerland.
     Giersch said: "I had already secured the 'G-mail' name for myself in
 2000, four years before Google. I have always believed in fairness."
     Google's main argument of defence was that Giersch's claim was an abuse
 of the law aimed only at delivering an overpriced sale of his name, but
 this was rejected in court. Giersch said: "I have made it clear since the
 beginning that I will never sell the name. It is my sole intention to
 realise my idea for a hybrid mail system. I am absolutely convinced of its
 success. Neither "G-mail" nor myself are for sale."
     With this mindset, the 33-year-old is putting himself in the
 entrepreneurial tradition of the so-called "men of the first hours," who
 put Germany on the road to success in the post-war years. Backbone,
 innovation and courage are the values that are important for Giersch. The
 idea of "only" earning money, maybe also at the expense of others, is
 something he rejects. This is precisely why he sees in Germany the ideal
 location for the roots of international success. He said: "Germany is an
 innovative country with good value and legal systems. This is an ideal
 prerequisite for the development and realisation of forward-looking ideas.
 I feel good here and I am happy to work here."
     After the Google lawsuits have ended, Giersch hopes finally to be able
 to put all his energies into the further development of "G-mail." The young
 businessman's intention is to set new standards of communication on the
 Internet. Even here, he is up against Google, another reason for Giersch to
 make the situation clear. "My hybrid mail system 'G-mail' is an ingenious
 blend of innovative and well-tried communications solutions," he said. "It
 is subject to the principles of the sanctity of the post. Google, on the
 other hand, scans the content of e-mails to blend in adverts. Criticism
 about this from data protectors that Google has to deal with harms my
 business. My employees and I are involved in mix-ups on an almost daily
 basis."
     Similarity in the names confuses people again and again, even the
 criminal authorities, to the extent that an injunction on the surveillance
 of e-mail accounts intended for Google arrives the house of "G-Mail."
 Examples show how the trademark infringement by Google has damaged
 Giersch's business activities. "I am fighting here not only for me, but
 also for all 'G-mailers,'" he said. "Investors in my world-first post fund
 "P1 Privat," which finances "G-mail," can in particular stop holding their
 breath. The fund has suffered a great deal from the fall-out that resulted
 from the confusion with Google." The confirmed, unambiguous legal situation
 is helping Daniel Giersch and his "G-mail" name finally go full steam ahead
 and realise their catchy motto: "...und die Post geht richtig ab!" ("...and
 the post is really taking off!")
     Info
     - about the first hybrid mail system: "G-mail": www.gmail.de
     - about the world's first post fund "P1 Privat" www.p1privat.de
 
     Contact:
 
     d.giersch@giersch.com
     +1-310-228-8893
 
 

SOURCE Giersch Ventures GmbH