Question

CASE ASSIGNMENT: Google

In May 2012, Arizonian entrepreneur David Elliott sued Google Inc. to have the Internet advertising and search giant stripped of its trademarked name. Elliott claimed that the word Google had become a generic term meaning simply “to search on the Web,” and like thermos, aspirin, and zipper, it should no longer belong to any one company. As evidence of this, Elliott’s lawyer, Richard M. Wirtz, cited the American Dialect Society’s decision to declare the verb google the word of the decade for 2000 to 2009.

            Elliott’s legal action against Google came only after the tech company filed—and won—a trademark infringement lawsuit against Elliott himself. In the suit, Google claimed that 750 Internet sites registered to Elliott used the term Google illegally. All 750 Web sites, featuring domain names such as googledonaldtrump.com and googlegaycruises.com were forfeited to Google. According to paidContent blogger Jeff John Roberts, Elliott's countersuit won't succeed as long as “Google can show that consumers still associate the word with the company.”

Chris Matyszczyk, "Man Sues to Make 'Google' Ordinary Word," CNET, May 27, 2012, http://news.cnet.com/8301-17852_3-57442273-71/man-sues-to-make-google-ordinary-word/ (Accessed March 26, 2013); Jeff John Roberts, "Man Sues to Have 'Google' Declared a Generic Word," paidContent, May 25, 2012, http://paidcontent.org/2012/05/25/man-sues-to-have-google-declared-a-generic-word/ (Accessed March 26, 2013).

TRUE/FALSE – (1 point each)

Because it does not cost any money to use Google’s search engine, this service is not a product.

     2.   Because it is used by businesses, Google’s search engine is not a consumer product.

     3.   Unless David Elliott’s lawsuit succeeds, Google will own the rights to its trademark as long as the company continues using it.

     4.   Even though he cannot currently use the term “google,” David Elliott can use the logo for Google’s Chrome Internet browser however he likes without fear of legal action.

MULTIPLE CHOICE

     1.   Google’s search engine is relatively inexpensive, and consumers all over the world use it regularly without much planning. Google’s search engine is a:

a.	Convenience product.
b.	Shopping product.
c.	Specialty product.
d.	Unsought product.
e.	None of these—search engines aren’t products.

     2.   While originally known solely for its search engine, Google has ventured into turn-by-turn navigation, a music subscription service, smartphone hardware, and more. In short, Google has:

a.	Increased brand loyalty.
b.	Repositioned its brand.
c.	Become a global brand.
d.	Diversified its product mix.
e.	Practiced planned obsolescence.

     3.   David Elliott’s lawsuit against Google hinges on the fact that he believes “google” has become a:

a.	Business product.
b.	Product item.
c.	Informational label.
d.	Generic product name.
e.	Captive brand.

     4.   Which of the following functions of packaging does Google not have to worry about regarding online services such as search?

a.	Packaging allows consumers to associate a new product with a family of other products.
b.	Packaging promotes products and differentiates them from competitors.
c.	Packaging protects goods as they move through the distribution channel.
d.	Packaging makes products easier and more convenient to use.
e.	Packaging can be used to segment markets.

Answer 1

Answers to T/F

1. True. The products are generally associated with a price.

2. False. Google search engine is practically used by everyone and not limited to business.

3. True. If Google is proven to be associated with the company, Google name would be trademarked and associated with the company. After a specific period, Google would have to renew the trademark.

4. False. Logo of Google chrome is trademarked and if David uses it, he is infringing the trademark. Logo of Chrome is clearly associated with it

5. False. Google products such as Pixel (phone) or Google assistant have a warranty.

.Answers to MCQ

1) Google is a convenience product. People use search engine as per convenience. It is not shopped (you don't pay) or unsought. It depends on user to use it.

2) Divesified. A company that creates different products and product lines is known to have diversified. Google has google apps, assistant, google phones etc. by which they have diversified.

3) Generic product name, As per the case , Elliott's countersuit won't succeed as long as “Google can show that consumers still associate the word with the company.”. This means that Elliot countersuit may succeed fi it is proven that Google is generic product name and not associated with "Googge" as a company.

4) Answer is C. From a Google perspective all other options are relevant, however, in option C there is no movevement of products over the internet. The services are readily available online and there are no "distribution channels" as such thru which products move. The distribution channel is limited to one that is "Online".