Daniel Giersch: The German Entrepreneur Who Won a Lawsuit Against Google
Daniel Giersch: The German Entrepreneur Who Won a Lawsuit Against Google
Giersch is a German entrepreneur who won a lawsuit against Google in 2007 to prohibit it from using the “Gmail” brand “G” as in “Giersch,” which he had trademarked for its e-mail service in Germany.
Giersch reached an unspecified settlement with Google in 2012.
Early Life and Education
Daniel Giersch was born on May 24, 1974, in Schleswig-Holstein, Germany. He holds German nationality and is of German ethnicity.
He has not revealed much about his family background or personal life.
Career and Achievements
Daniel Giersch, a versatile entrepreneur, has a track record of involvement in diverse business ventures and initiatives. Some of his noteworthy accomplishments include:
Co-founding Giersch & Partner GmbH, a firm dedicated to providing IT solutions and software development services.
Partnering in the creation of Giersch & Partner GmbH, a company focused on web design and digital marketing expertise.
Collaborating in the establishment of Giersch & Partner GmbH, which engages in real estate and property development.
Playing a pivotal role in founding Giersch & Partner GmbH, with a strong commitment to renewable energy and environmental preservation.
Personal Life and Divorce
Daniel Giersch’s personal life includes a past marriage to Kelly Rutherford, a prominent American actress renowned for her role as Lily van der Woodsen in the TV series Gossip Girl.
They wed in Monaco on August 18, 2006, and together, they have two children: Hermes Gustaf Daniel Giersch (born on October 10, 2006) and Helena Grace Rutherford Girsch (born on June 8, 2009).
Unfortunately, their marital union was short-lived, leading to a divorce in 2010.
Since then, they have engaged in a contentious custody battle concerning the residence and care of their children. In 2012, Daniel faced deportation from the United States due to an expired visa.
In 2015, Kelly gained temporary sole custody of her children by defying a Monaco court order to return them to Europe.
However, both California and New York courts determined that they no longer had jurisdiction over the case.
In August 2015, Kelly initiated a lawsuit against Google, alleging trademark infringement related to its Gmail service.
She contended that Google had used her former spouse’s name, “G,” without permission or compensation and violated her privacy by accessing her personal information through its search engine.
In December 2015, a federal judge dismissed Kelly’s lawsuit, asserting that it fell under state jurisdiction and did not warrant federal involvement.
The judge also ruled that Kelly failed to demonstrate any harm or damages resulting from Google’s actions.
In July 2016, Kelly appealed this decision to the U.S. Court of Appeals for the Ninth Circuit, arguing that Google had infringed upon her ex-husband’s intellectual property rights and had caused her emotional distress and damage to her reputation.
In February 2017, the Ninth Circuit upheld the lower court’s ruling, dismissing Kelly’s appeal. The court found no likelihood of success on her claims or any irreparable harm arising from Google’s actions.
In April 2017, Kelly announced that she had reached an undisclosed settlement with Google regarding her trademark dispute.
She expressed her relief in moving past this chapter and focusing on being a devoted mother to her children.
Current Status
Daniel Giersch is still living in Monaco with his two children.
He has full legal custody of them according to the Monaco court orders.
He also has full physical custody of them according to his statements.
Kelly Rutherford is still living in New York with her two children.
She has limited visitation rights with them according to the New York court orders.
She also has limited physical custody of them according to her statements.
Kelly Rutherford has been trying to get her children back to New York since then but has faced many obstacles and challenges from both courts and authorities.
Conclusion
Daniel Giersch, an entrepreneur, successfully sued Google for trademark infringement related to Gmail.
He currently resides in Monaco with full legal custody of his children per Monaco court orders but limited visitation rights based on New York court orders.
They has faced numerous obstacles in her efforts to bring her children back to New York.
She has also been involved in divorce proceedings with her second husband, Matthew Settle.
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