Clothing company says you can’t use the term “gap” in your social media web site.
Clothing company The Gap has sued GapNote.com and its founder for trademark infringement. GapNote.com is a new site that helps people chronicle their past, present, and future, and the gaps in between.
The lawsuit claims that the site should not be able to use the term “gap” anywhere in its name because the clothing company owns rights to the domain name.
The Gap claims:
Defendant promotes and operates a web site with the domain name gapnote.com that services as a social media and networking web page, much like those on which The Gap expends significant time, effort and money to advertise and maintain a significant presence.
So The Gap apparently thinks that if you have a social media site that includes a generic, three letter term and a trademark holder markets itself on social media sites then you’re infringing its mark.
The one thing I will give to The Gap on this is that the site’s logo does use a font similar to The Gap’s old lower case logo. (It now uses an all uppercase logo.) Before reading the lawsuit I went to GapNote.com and thought “wow, that logo font is similar”, and assumed the lawsuit was about the logo. But it’s not — The Gap is claiming a lot more.
You can read The Gap’s complaint here (pdf).
chris says
It’s really getting to the point of ridiculousness where companies think they own everything that includes their name.
If it is a generic term and the site is being used for a completely different purpose then they have no leg to stand on. Now this new company is going to get hit with a ton of legal fees to fight a charge that shouldn’t have come up in the first place.
There should be a strong message sent to these companies if they file a bogus suit like this then they will be held for damages. Maybe they will think more carefully before using their Billions to attempt cash poor entrepreneurs.
Landon White says
GAPOFF!
There appears to be…
a Gap… in understanding,
in that a trademark owner does not own the English language and all commerce / enterprise or freedom of expression that use
said language in a free society.
Has protecting your mark now morphed into harassing domain name owners?
Meyer says
Does this mean that all domains including
Gap beginning with “G” is infringing on
companies that have TMs on the letter “G”?
Ari Goldberger says
The Gap is essentially alleging that it has common law trademark rights for social marketing services because it promotes its goods on social marketing web sites like Facebook. I believe that is a flawed argument. Does The Gap have a trademark for television advertising services by virtue of its TV ads? I don’t think so.
I note that The Gap filed a trademark in August for “Entertainment services in the nature of arranging, organizing and hosting social events.” The trademark is based on “intent to use,” i.e., they have not yet used the mark. Gapnote may be able to prove an earlier use and prevail.
It will be interesting to see how this case turns. While the Gap may have some other facts or arguments, I do not believe The Gap’s argument of defacto trademark use by virtue of its Facebook and Twitter will fly.
Vitali says
More likely GAP will be lose this case in any state. This case not have any base.
Jusr in case if GapNote needed places to stay I can offer my domain name INFOLAVA.com.
M. Menius says
It’s important the over-reaching such as this is not allowed in UDRP or Federal court. Once a number of precedents are established finding against the over-reaching company, then some of this nonsense should ease up.
The font similarity can cause confusion so the registrant needs to make sure at least that is avoided.
Landon White says
So Then….
Is there any PLAN’S for similar-repeat
claim cases to set precedent?
“Out of the Gate Rules”
that MUST be adhered to before a hearing.
As long as the Back room and Front room boys are getting there cut,
i would say don’t hold your breath (Ha)
In the long run however they will phase
them selves out…
The credibility of these panels and there ridiculous decisions demeans there position
as arbitrators every time they make another uniformed and unfair bad call.
A real Court of law is where it all should be
with real proven schooled judges who are able to dissect complex facts, you know, just like every other commerce dispute where MONIES are involved.
Barry Lebovitz says
I’ve been saying that the TM grey area has been getting out of hand for years. Now that all the TM holders own all of their typos. Guess who’s missing the flow of cash?
Their legal teams.
So they just garner up any lawsuit they can, every chance they can get. Because they can’t lose, and the company they work for always foots the bill for “protecting their brand.”
It’s all bs, it hurts the small emerging business owners and startups out their struggling to gain capital and traction in a market that is already geared against them.
Christopher "European Domain Centre" Hofman says
LOL, the fact that they are allowed to sue, doesn´t mean that they will win the case. I think it´s more a signal to anyone in their industry to not abuse their TM. The use of every day words, is of course not restricted to only one company
Deke says
Companies like this are worse than a thug in an alley that stabs you, then kicks you when your down, and spits on you before leaving.
Make no mistake, they are that bad, they let the lawyers do stabbing, kicking, and spitting.
The Gap are disgusting, wanna-be thieves IMO.
Vito says
If anything they are getting some kind of free commercial. What are they afraid that people will order clothes on GapNote.com?!?
mcp says
The meaning of Gapnote: http://bit.ly/bk84Iu
nurak says
What will happen if someone has ‘*uck’ as the trademark or ‘food’ or ‘insurance’ or ‘loan’ or ‘beer’ or ‘wine’… ???
The world would be a whole ‘gap-hell’..