Trademark lawsuit filed in Phoenix against Google

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By Mike Gertzman By Mike Gertzman

PHOENIX -- A federal lawsuit has been filed in Phoenix by a New York entrepreneur who wants the courts to void Google's trademark name.

The lawsuit was filed here because GoDaddy in Scottsdale is how David Elliot purchased about 750 domain names containing the term "Google."

That caught Google's attention which put a stop to the websites saying its trademark rights were violated.

Elliot is now suing, claiming the term "Google" has become such a generic term for web searching, people should be able to use it however they want.

Elliot's attorneys, Thomas Foster and Richard Wirtz, say their argument isn't new.

“Some classic examples are things like the word escalator, or zipper. Thermos is another one or even aspirin, those were all trademarks at one point,” Wirtz said.

Google is responding telling 3TV in an email, “These claims are without merit, and we will defend vigorously against them.”