CollegeNET, a web-based applications and software firm, has filed a lawsuit against Google, alleging that the search giant infringed its trademark of the term Speedbook, which it has been using for its event scheduling and facilities management business since 1998.
The lawsuit, which was filed on October 4 with the United States District Court of Oregon, claims that Google has filed for a trademark of the same word, which is an infringement of CollegeNET’s trademark, and that due to Google’s stature in the industry this will cause significant harm to CollegeNET’s business.
CollegeNET says that if Google uses the name, which is rumoured to be for a Google product to be released before the end of November, potentially in the form of an Android tablet or netbook, then it “is likely to overwhelm the goodwill and brand association CollegeNET has built up in the Speedbook mark.”
It also said that Google’s size and market penetration is likely to lead to customers erroneously believing CollegeNET’s Speedbook products, and the term itself, originated with Google.
CollegeNET claims that this action by Google has caused and will continue to cause “irreperable damage, loss and injury to CollegeNET, to an extent not yet ascertained.”
CollegeNET also claims that Google pursued this trademarked name “knowingly, willfully, and in bad faith,” clearly an attempt to ensure that Google cannot play the “I didn’t know it was trademarked” card.
The lawsuit asks that the courts forbid Google from using the Speedbook trademark, to never engaged in unfair competition with CollegeNET, and to immediately cancel its application for the trademark.
It did not specifically ask for financial remuneration, but did include a clause allowing for “such other and further relief as the Court may deem just and proper”, which is legal terminology allowing the court to award a financial payment.