It's a daft song, but probably not illegal - I thought "google" was a widely-accepted verb. I don't think it's in the OED yet, but I seem to recall it was in the running last year.
This is probably trademark infringement. This song doesn't seem very mainstream, but if it were, I wouldn't be surprised if they received a cease and desist. (If the word becomes a common verb, then other companies can use it -- Microsoft Live Search: google anything!)
I don't know enough about trademark law to say precisely how that might affect any potential suit, of course, but it seems pretty clear it wouldn't help Google, at least.
Looking further into trademark law as written, ignoring for the moment any precedent set by the courts, there might be an argument under 43.c.3.A.ii that this is a form of comment on the status of Google (albeit that's probably not a great argument). Of course, that would also only seem to hold up if Google was arguing dilution, instead of arguing that this falsely represents Google's promotion of the song.
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Date: 2008-03-26 09:18 pm (UTC)no subject
Date: 2008-03-26 10:59 pm (UTC)no subject
Date: 2008-03-27 01:03 am (UTC)I don't know enough about trademark law to say precisely how that might affect any potential suit, of course, but it seems pretty clear it wouldn't help Google, at least.
Looking further into trademark law as written, ignoring for the moment any precedent set by the courts, there might be an argument under 43.c.3.A.ii that this is a form of comment on the status of Google (albeit that's probably not a great argument). Of course, that would also only seem to hold up if Google was arguing dilution, instead of arguing that this falsely represents Google's promotion of the song.