Virginia
12 January 2017
Reporter: Barney Dixon
Google ‘committed fraud’ with Content ID trademark application
Google committed fraud when it attempted to trademark its YouTube Content ID audio recognition software, according to a new challenge from Audible Magic.

In its petition for cancellation, filed with the US Patent and Trademark Office (USPTO) on 10 January, Audible Magic said that Google adopted the Content ID mark, which is identical to its own, after licensing the technology between 2006 and 2009.

According to Audible Magic, it has been using the Content ID mark to identify its audio and video content detection and recognition services since March 2006.

In October 2006, Audible Magic claims it granted YouTube a license to use its Content ID services.

Soon after, Google purchased YouTube, with the license officially transferred to the new owner.

In 2009, the licence agreement was terminated and, according to Audible Magic, all intellectual property rights for Content ID returned.

Google’s new trademark application claims that it first used the Content ID trademark in connection with its services in 2008, but Audible Magic contends that it first used the name in 2006 and therefore has priority over Google.

Google committed fraud when it claimed: “The mark has become distinctive of the goods/services through [Google’s] substantially exclusive and continuous use in commerce.”

Audible Magic said: “Google knew this declaration was false when it submitted it to the USPTO ... Google was well aware of Audible Magic’s substantial use of the identical mark.”

“Such confusion may cause harm to Audible Magic and the consuming public and jeopardise the valuable goodwill and reputation Audible Magic has built up in connection with Content ID and its services.”

More trademarks news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Young people more likely to buy counterfeits
24 March 2017 | Alicante | Reporter: Barney Dixon
But, overall, responses show a high level of support for intellectual property rights
Amazon to broaden anti-counterfeiting programme
22 March 2017 | Las Vegas | Reporter: Barney Dixon
Brands should not “rest on their laurels” when it comes to the new initiative
TMCH could ‘interfere’ with free expression
17 March 2017 | Los Angeles | Reporter: Barney Dixon
Academics and practitioners have penned a letter to top Internet Corporation for Assigned Names and Numbers officials, expressing concerns about its Trademark Clearinghouse
IACC president testifies in Italy
17 March 2017 | Rome | Reporter: Barney Dixon
International Anti-Counterfeiting Coalition president Bob Barchiesi has called for further collaboration in the fight against counterfeiting before Italy’s parliamentary committee inquiry on counterfeiting
Criminal counterfeiters targeting replicas
16 March 2017 | London | Reporter: Barney Dixon
Brands are increasingly prioritising replica products in the fight against counterfeiting due to criminals' behaviour
China heeds calls for tougher counterfeiting penalties
15 March 2017 | Beijing | Reporter: Barney Dixon
Director of the State Administration for Industry and Commerce, Zhang Mao, said his agency is "paying significant attention to this issue”. Premier Li Keqiang has also weighed in
Alibaba bears its teeth at pet food counterfeiter
08 March 2017 | Hangzhou | Reporter: Barney Dixon
Alibaba has sued a Taobao merchant for selling counterfeit Mars pet food worth RMB 2.67 million ($386,500)