Google Hangouts infringes trademark, says US company Hanginout

Hanginout started the lawsuit while its trademark application is still pending

Google's video-chat service Hangouts wilfully infringes on the still pending trademark of Hanginout, the company said in a lawsuit filed with the U.S. District Court for the Southern District of California on Tuesday.

Hanginout, based in Carlsbad, California, makes a video profile app for iOS. The app allows users to interact via recorded videos. They can find and follow people and celebrities, ask them questions and receive instant personal video responses.

The company was founded in 2011, but said in the court filing that it has been developing its products since 2009.

Google Hangouts was launched in May this year and offers a messaging and video chat platform that allows users to send instant messages, share photos and talk to each other via live video.

"Google's 'Hangouts' mark is nearly identical to Hanginout's HANGINOUT mark in both appearance and sound," the company said in the filing, adding that Google therefore infringes on Hanginouts trademark.

Hanginout's trademark application is still pending though. It filed for U.S. trademark applications on July 12, 2012. Google applied for the Hangouts mark in April 2013, according to the filing.

Google's application was however suspended in July by the U.S. Patent and Trademark Office (USPTO) because there was "a likelihood of confusion" with Hanginout's pending trademark, the USPTO wrote. This may lead to the bar of the registration of Google's Hangouts mark, said the USPTO, adding that all action on Google's application was suspended until the Hanginout mark is either registered or abandoned.

Google's use of Hanginout constitutes willful trademark infringement, has caused significant confusion in the marketplace and is likely to deceive consumers, Hanginout said in the complaint.

Moreover, Hanginout said, Google also committed acts of unfair competition because it "purposefully attempts to heighten the likelihood that consumers will be confused" and because an inaccurate appearance of affiliation was created.

It therefore asked the court for a preliminary and permanent injunction from trademark infringement and unfair business practices by Google as well as an amount of damages to be determined on trial. It also asked the court to treble the damages for willful infringement and unfair competition, and demanded a jury trial.

Google did not respond to a request for comment.

Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags Googlelegalintellectual propertyHanginout

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Loek Essers

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?