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Google's lawyers are right. You seem to be claiming that you only have a problem with this common phrase being used in a certain context, but unfortunately for
by natch 12y ago
Google's lawyers are right.
You seem to be claiming that you only have a problem with this common phrase being used in a certain context, but unfortunately for your trademark, it is exactly that context in which the usage is especially common.
Far from not acknowledging that point, Cooley, the Google legal firm, deals with it head on. As they say in their letter: "The phrase is particularly common in the online marketing and advertising context..." They then go on to provide references to some of the countless examples.
The lesson here is be careful what you ask your lawyers to do for you. Some lawyers will do anything legal you want, even if it's a bad idea. A bad lawyer might file a trademark on the word "the" used in a certain context... if the client is willing to pay. That doesn't mean the trademark is defendable, even if it does manage to get past the hurdle of being granted.