In the latest Net branding battle, GoTo . com on Thursday filed a trademark-infringement suit against Disney's Go Network in US District Court in Los Angeles. GoTo . com wants the Go Network – a joint Internet venture between the Walt Disney Company (DIS) and Infoseek (SEEK) – to stop using its current logo, which bears a "striking similarity" to GoTo's own. "The last thing we want to do is be involved in a legal battle with an 800-pound gorilla," said Jeffrey Brewer, president and CEO of GoTo . com. But his company is "left with no other recourse but to pursue a remedy in the court. We want [the Go Network] to stop using the logo because it's causing confusion in the marketplace." Based on GoTo . com's press release, "we think the claims are baseless," said Doug Free, spokesman for Infoseek. "Disney secured the rights to the 'Go' logo, and we will defend our rights vigorously." The company had not yet seen the suit.
GoTo . com, a privately held company based in Pasadena, California, made headlines about a year ago when it launched its Internet directory with a unique revenue model. Businesses pay GoTo . com to be listed higher up in the search results. The company had 3 million unique visitors in December and ranks as the 37th biggest property on the Net, according to statistics from research firm MediaMetrix. The Go Network is a collection of Disney-owned sites including ESPN, ABCNews.com, and, of course, the Mickey, Minnie, and Mulan-filled Disney.com.
At its launch in January, the network said it already had 8 million registered users and a projected Web-audience share of 36 percent, making it one of the top five sites on the Net. Both companies' logos sport green circles containing the word "Go" in white letters on a yellow background. GoTo.com posted a comparison on its Web site. Brewer said some GoTo . com investors were confused by TV ads for the Go Network. "One called me and said, 'I didn't know we were running commercials.'"
Advertisers and consumers have also called the company in confusion, Brewer said. Even an ESPN ad-sales representative confused the two companies. "The person told us we could get the Disney family rate." GoTo . com said it notified the Go Network when it learned of the latter's plans for the logo and the two companies had been in discussions for about a month to try and reach a compromise. But the talks dissolved. "Disney maintained the confusion didn't exist. I think, frankly, they blew it," Brewer said. "They can't argue we're an insignificant company that hasn't established (brand) awareness."
