Google Suffers Setback in Domain Name Squatting Case Over "Nano-Banana"

Google LLC recently lost a UDRP (Underlying Registry of Rights and Interests) case concerning the domain name nanobananaai.com. The arbitration panel ruled that the domain name can remain with the original registrant, and Google's transfer request was rejected.

According to case documents, Google launched an AI-powered image editing application called "Nano Banana" in August of this year, which quickly gained attention on social media. However, just two days after the product launch, a registrant named Ping Lin registered the domain name nanobananaai.com. This domain name is extremely similar to Google's product name and has been used to publish AI-related content.

Google subsequently filed a complaint, arguing that the registration was clearly an attempt to capitalize on the popularity of "Nano Banana" and constituted malicious squatting. Google stated that although the product name is a new brand, it already has a certain degree of recognition, and submitted news reports, social media screenshots, and other materials as evidence.

However, arbitrator David E. Sorkin did not accept Google's claims. He pointed out that Google failed to prove it possessed valid trademark rights to the name "Nano Banana," whether as a registered trademark or a common law trademark formed through use. While Google submitted some evidence of use, this was insufficient to demonstrate that "Nano Banana" had gained public recognition or that the name was protected under trademark law.

Because the first condition of the UDRP (i.e., the complainant must possess valid trademark rights) was not met, the arbitration panel did not proceed to consider subsequent requirements such as "whether the defendant has a legitimate interest" and "whether there was malicious registration," and directly dismissed Google's complaint.

Overall, the threshold for winning such cases is not low. UDRP arbitration bodies typically require complainants to provide sufficient evidence to prove that their mark has trademark attributes and is widely recognized. Without these foundations, even domain names that are clearly similar to brand names are difficult to determine as malicious registration.