Google's new Alphabet company name may infringe BMW trademark

Jason · 08-12-2015, 12:41 AM

BIMMERPOST NEWS

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FRANKFURT (Reuters) -- BMW today said it was looking into whether Google infringed any trademark rights after the Silicon Valley-based group set up a new company called Alphabet, which is also the name of a BMW subsidiary.

"We are examining whether there are any implications over trademarks," a BMW spokeswoman said today. The spokeswoman said there were currently no plans to take legal steps against Google.

BMW's Alphabet, which provides services to companies with vehicle fleets, operates in 18 countries and supplies 530,000 vehicles to corporate customers.

Google was not immediately available for comment.

A legal dispute is unlikely since Google made clear in its announcement on Monday that in creating a parent company called Alphabet Inc., it was not intending to build products and brands under that name.

Google has picked a name that is also a fairly common brand among American businesses. There are currently 103 trademark registrations in the United States that include the word "alphabet" or some close variation, according to a database search of the U.S. Patent and Trademark Office.

To prove a trademark infringement, a trademark owner would have to show that the new Alphabet created a "likelihood of confusion" among consumers between the two brands. This could occur if both brands offered similar goods and services.

ORIGIN M. · 08-12-2015, 12:51 PM

Is it Soup yet...?

EzequielR · 08-12-2015, 01:07 PM

Quote:

Originally Posted by red-sauerkraut

It is Soup yet...?

My mother use to spell out my name with it

Dimitri · 08-12-2015, 01:53 PM

On another note I just had some blueberry pancakes

chipotle_napkins · 08-12-2015, 02:30 PM

Quote:

Originally Posted by Dimitri

On another note I just had some blueberry pancakes

I'm actually making some flapjacks right now

AudiA4 · 08-12-2015, 02:34 PM

If there's any controversy, Google could just buy BMW outright.

ORIGIN M. · 08-12-2015, 03:01 PM

Quote:

Originally Posted by AudiA4

If there's any controversy, Google could just buy BMW outright.

Not in 100000 years, not for sale!

bradleyland · 08-12-2015, 03:45 PM

IANAL, but based on my experience with US trademark law, it's unlikely to infringe here in the US. In order for a mark to infringe, there must be the potential for confusion amongst consumers. Google's new company is a holding company. Ever heard of Leonard Green? Probably not. You've probably heard of Petco, J. Crew, Shake Shack, BJ's Wholesale, Del Taco, or one of their many other companies though.

Holding companies operate in the background. They're a legal name to put on bank accounts and SEC filings. There is very little chance that a claim by BMW would hold up in the US.

This Nolo article contains a good explanation of the "Likelihood of Confusion" test.

http://www.nolo.com/legal-encycloped...nfringing.html

snaimpally · 08-12-2015, 06:10 PM

It won't be an issue because Google doesn't plan to offer services (or products) using the "Alphabet" moniker - its strictly a name for their holding company. I am sure they had an IP attorney do a trademark search - I've done a few for my clients when they were picking a name for some new service offerings.

Law · 08-12-2015, 06:26 PM

Quote:

Originally Posted by AudiA4

If there's any controversy, Google could just buy BMW outright.

& convert the entire BMW lineup into driverless electric vehicles?
No thanks

SCOTT26 · 08-12-2015, 06:37 PM

I am surprised they did not "Google it"

raysspl · 08-12-2015, 07:45 PM

No big deal. This issue will get resolved quickly.

BMW269 · 08-13-2015, 07:53 AM

Quote:

Originally Posted by Law

& convert the entire BMW lineup into driverless electric vehicles?
No thanks

BMW is doing that without Google (or now Alphabet).

ORIGIN M. · 08-14-2015, 08:46 PM

The simplest things in life make the best memories.

Great Moms rock like that!

Quote:

Originally Posted by EzequielR

My mother use to spell out my name with it

ORIGIN M. · 08-14-2015, 08:49 PM

BTW... Great Given Name Sir...!

Quote:

Originally Posted by EzequielR

My mother use to spell out my name with it

EzequielR · 08-14-2015, 08:55 PM

Quote:

Originally Posted by red-sauerkraut

BTW... Great Given Name Sir...!

Quote:

Originally Posted by EzequielR

My mother use to spell out my name with it

Haha, thanks brother!!! I have to give props to my older sister for that (14 years older) she choose it!

08-12-2015, 12:41 AM	#1
Jason Administrator 43691 Rep 21,325 Posts Drives: F80 M3 Join Date: Mar 2005 Location: USA iTrader: (0)	Google's new Alphabet company name may infringe BMW trademark BIMMERPOST NEWS Google's new Alphabet company name may infringe BMW trademark 15 COMMENTS Tweet FRANKFURT (Reuters) -- BMW today said it was looking into whether Google infringed any trademark rights after the Silicon Valley-based group set up a new company called Alphabet, which is also the name of a BMW subsidiary. "We are examining whether there are any implications over trademarks," a BMW spokeswoman said today. The spokeswoman said there were currently no plans to take legal steps against Google. BMW's Alphabet, which provides services to companies with vehicle fleets, operates in 18 countries and supplies 530,000 vehicles to corporate customers. Google was not immediately available for comment. A legal dispute is unlikely since Google made clear in its announcement on Monday that in creating a parent company called Alphabet Inc., it was not intending to build products and brands under that name. Google has picked a name that is also a fairly common brand among American businesses. There are currently 103 trademark registrations in the United States that include the word "alphabet" or some close variation, according to a database search of the U.S. Patent and Trademark Office. To prove a trademark infringement, a trademark owner would have to show that the new Alphabet created a "likelihood of confusion" among consumers between the two brands. This could occur if both brands offered similar goods and services.
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08-12-2015, 12:51 PM	#2
ORIGIN M. Banned 3160 Rep 9,134 Posts Drives: ///M Join Date: Oct 2007 Location: Northern Hemisphere iTrader: (0)	Is it Soup yet...?
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08-12-2015, 01:53 PM	#4
Dimitri Lieutenant 315 Rep 495 Posts Drives: 18 M3 ZCP, 24 IX Join Date: Apr 2014 Location: NJ iTrader: (0)	On another note I just had some blueberry pancakes
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08-12-2015, 02:34 PM	#6
AudiA4 Major 653 Rep 1,476 Posts Drives: 2022 G01 X3 M40i (Black/Black) Join Date: May 2005 Location: Little Rock, AR, USA iTrader: (0)	If there's any controversy, Google could just buy BMW outright. __________________ 2022 G01 X3 M40i (Black Sapphire/Black), HK, DAP, PAP, Shadow Line 2014 F30 335i (EB) 6MT, M Sport, Premium, Tech, DHP, HK, CW, M Brakes, M Exhaust 2006 E90 330i (Silver) 6MT, Sport
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08-12-2015, 03:45 PM	#8
bradleyland TIM YOYO 1506 Rep 3,282 Posts Drives: 2013 M3 Join Date: Jun 2010 Location: Vero Beach, FL iTrader: (0) Garage List 2019 BMW R1250GS [0.00] 2013 BMW X3 xDrive28i [0.00]	IANAL, but based on my experience with US trademark law, it's unlikely to infringe here in the US. In order for a mark to infringe, there must be the potential for confusion amongst consumers. Google's new company is a holding company. Ever heard of Leonard Green? Probably not. You've probably heard of Petco, J. Crew, Shake Shack, BJ's Wholesale, Del Taco, or one of their many other companies though. Holding companies operate in the background. They're a legal name to put on bank accounts and SEC filings. There is very little chance that a claim by BMW would hold up in the US. This Nolo article contains a good explanation of the "Likelihood of Confusion" test. http://www.nolo.com/legal-encycloped...nfringing.html __________________ His: *2019 R1250GS* - Black Hers: 2013 X3 28i - N20 Mineral Silver / Sand Beige / Premium, Tech Past: 2013 ///M3 - Interlagos Blue Black M-DCT Past: 2010 135i - TiAg Coral Red 6MT ///M-Sport**
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08-12-2015, 06:10 PM	#9
snaimpally Major 170 Rep 1,247 Posts Drives: 2022 F44 M235i GC Join Date: Mar 2014 Location: Austin, TX iTrader: (9) Garage List 2022 M235i [0.00]	It won't be an issue because Google doesn't plan to offer services (or products) using the "Alphabet" moniker - its strictly a name for their holding company. I am sure they had an IP attorney do a trademark search - I've done a few for my clients when they were picking a name for some new service offerings.
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08-12-2015, 06:37 PM	#11
SCOTT26 Major General 5402 Rep 5,824 Posts Drives: A big F-off German Truck. Join Date: Jan 2007 Location: WORLDWIDE iTrader: (0)	I am surprised they did not "Google it" __________________ The M850i is evidence that BMW have got their mojo back when it comes to dynamic sports cars...
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08-12-2015, 07:45 PM	#12
raysspl Brigadier General 992 Rep 3,000 Posts Drives: walking, bicycle, & bus Join Date: Jan 2015 Location: SoCal iTrader: (0)	No big deal. This issue will get resolved quickly. __________________ re
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