No doubt, the use of English has spread among other factors, due to its efficiency, for instance, you can take a noun and start using it as a verb. This is what I call the “flexibility” of the English language, it makes it more efficient and colorful. One example: Google was initially a noun and today the corresponding verb “to google” has gained commonplace acceptance. In Spanish you will need two words “buscar en google”.

This brings us to today´s topic, a federal appeals court in the US (The San Francisco-based 9th U.S. Circuit Court of Appeals) has ruled (“declararado, decidido”) that Google still is afforded trademark (“marca registrada”) protection even though “google” is used in a generic sense as a verb for the act of searching the internet. [http://www.abajournal.com/news/]

The Court has ruled that the use of google as a verb does not automatically constitute generic use, even if a majority of the public uses the word in a generic sense for internet searches.

In the case at hand, (“en el caso que nos ocupa”) the Court held (“dictaminó, estableció”) that the Google was not a victim of “genericide”, which refers to the process whereby a name ends up losing trademark protection by becoming commonly used to refer to generic types of goods or services.

One of the plaintiffs had registered 763 domain names (“nombres de dominios”) which included the word “google”. Google objected that the registrations amounted to cybersquatting (“ciberocupación, registro abusivo”).

The plaintiff sued (“presentó una demanda”) Google arguing (“alegando”) that the word “google” had become generic as it was being used to mean searching on the internet. The rationale of the court was that in order to win this case the plaintiff (“demandante”) would need to prove that there was no other way to describe “Internet search engines” without calling them “googles”, and therefore,  the plaintiff did not present sufficient evidence (“pruebas suficientes”) to support a jury finding (decisión del jurado”) that the public primarily understand the word “google” as a generic name for internet searches and not as a mark identifying the Google search engine in particular.