I’m not a lawyer and I don’t play one on TV. But I did graduate from law school and I know a pretty open-and-shut case when I see one.
Booble, the “adult search engine” that is claiming to be a “parody” of Google, has been sent a takedown notice by the latter and has subsequently sent a defiant reply, perhaps just milking this for all the free publicity.
It’s pretty clear to me that Booble’s lawyers should have used training bras before filing their argument, because while they may be abreast of (mostly) relevant case law, they’re nonetheless gonna be sadly deflated from a court loss.
– Booble has not done enough to be seen as a parody rather than a predator
Had the Booble folks been a little less airheady, they would have included a PROMINENT disclaimer at the TOP of their pages, rather than in tiny point at the bottom. Additionally, Booble is directly profiting from Google’s likeness (via porn site sponsorships)!
– Booble is profiting from business in Google’s space!
By positioning itself within Google’s space, not only does Booble cause likely consumer confusion, it also directly competes with Google (where undoubtedly people seeking porn often turn to for their needs).
Booble’s going down. The only questions are what damages will be assessed, and whether Booble will have the assets to pay up.