News of Intellectual Property

16.09.2005 - UK owner of Gmail trademark keeps up legal fight

The UK company that claims ownership of the Gmail trademark is preparing to take further legal action against Google after talks between the two companies failed to reach an agreement.

Independent International Investment Research (IIIR) began negotiations with Google 16 months ago after the US search company unveiled its Gmail Web-based email service. IIIR claims a prior right to the trademark as the name of the webmail component of its Pronet software suite, which was first released in May 2002.

IIIR is calling on Google to recognise its trademark and either stop using the Gmail name or agree licensing terms `which are independently judged as fair and valued transparently`. An independent valuation commissioned by IIIR put the value of the trademark at between £25m an £35m, although the company said that it is prepared to settle for a smaller amount.

`The Board of IIIR, whilst considering that the report is a useful basis for negotiation, resolved that it is willing to settle for a considerably lower sum than indicated in the report, as part of a negotiated settlement with Google,` it said in a statement, `However, in the event that formal legal proceedings are instituted and no satisfactory settlement proposals were to be forthcoming from Google, the Group will seek to recover the maximum possible value for shareholders.`



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