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ARTICLE · 23 NOVEMBER 2011

Google Prevails In "Gadget" Trademark Lawsuit - "Gadget" Term is Generic

Cozen O'Connor
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Firefly Digital Inc, a web development company, sued Google last year in Louisiana federal court for its use of the term "Gadgets" to refer to its line of "Google Gadgets" product.

United StatesIntellectual Property
Scott Schwartz
Scott Schwartz

Firefly Digital Inc, a web development company, sued Google last year in Louisiana federal court for its use of the term "Gadgets" to refer to its line of "Google Gadgets" product.  "Google Gadgets" are applications that allow you to add features such as news feeds, stock quotes, maps, and interactive games to your existing iGoogle account and Google desktop (I use these daily by the way). 

It turns out that Firefly was already using the "Website Gadget" and "Gadget" trademarks for its website content managing system. The company promptly sued Google, claiming trademark infringement and unfair competition; Google responded by filing a motion for summary judgment, arguing that the use of "gadget" was generic here. The federal judge agreed with Google, finding that "gadget" was generic given similar uses by third parties, dictionary definitions, use in news media, and consumer survey results.

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