HAMBURG, Germany, July 4 /PRNewswire/ --     Round four in the infringement lawsuit between Daniel Giersch and Google
over the "G-mail" trademark.

And the winner is: young businessman Daniel Giersch (33). Giersch has
achieved what appeared doubtful given the size of the Google global
corporation: Google is not permitted to use the "Gmail" name in Germany. "In
doing so, Google infringed the young businessman's trademark that had been
previously been registered," said the Hanseatic Higher Regional Court in its
judgement (Az 5 U 87/06, July 4, 2007). "As far as the Hanseatic Higher Court
is concerned, the legal situation is unambiguous to the extent that it has
not allowed an appeal to the Federal Court of Justice," said Giersch's lawyer
Sebastian Eble, from the office of Preu Bohling & Partner. It is a legendary
victory, because for many Daniels fighting "Googliaths," confidence and
financial means run out in the long course of battle.

The trademark lawsuit over "G-Mail" has dragged from court to court, from
one German federal state to another, for almost three years. It has cost a
lot of money and nerve. Each individual court process has required
five-figure amounts. In addition to the "G-mail" lawsuit in Germany, legal
proceedings by Google against Giersch are also underway in Spain, Portugal
and Switzerland. As lawyer Sebastian Eble confirmed: "Google has announced,
at least in writing, to 'fight' my client abroad for as long as it takes
before he drops the legal claims lodged in Germany." But Google has found a
strong opponent in Daniel Giersch.

The scales of justice are weighing ever more in favour of the young
businessman and not only in Germany: in Austria, the process has already
ended to his advantage.

In Switzerland, the first instance in the Google-led cancellation
proceedings has been won. Following the final judgement, Giersch will also
lodge a claim against Google to prevent the use of "Gmail" in Switzerland.

Giersch said: "I had already secured the 'G-mail' name for myself in
2000, four years before Google. I have always believed in fairness."

Google's main argument of defence was that Giersch's claim was an abuse
of the law aimed only at delivering an overpriced sale of his name, but this
was rejected in court. Giersch said: "I have made it clear since the
beginning that I will never sell the name. It is my sole intention to realise
my idea for a hybrid mail system. I am absolutely convinced of its success.
Neither "G-mail" nor myself are for sale."

With this mindset, the 33-year-old is putting himself in the
entrepreneurial tradition of the so-called "men of the first hours," who put
Germany on the road to success in the post-war years. Backbone, innovation
and courage are the values that are important for Giersch. The idea of "only"
earning money, maybe also at the expense of others, is something he rejects.
This is precisely why he sees in Germany the ideal location for the roots of
international success. He said: "Germany is an innovative country with good
value and legal systems. This is an ideal prerequisite for the development
and realisation of forward-looking ideas. I feel good here and I am happy to
work here."

After the Google lawsuits have ended, Giersch hopes finally to be able to
put all his energies into the further development of "G-mail." The young
businessman's intention is to set new standards of communication on the
Internet. Even here, he is up against Google, another reason for Giersch to
make the situation clear. "My hybrid mail system 'G-mail' is an ingenious
blend of innovative and well-tried communications solutions," he said. "It is
subject to the principles of the sanctity of the post. Google, on the other
hand, scans the content of e-mails to blend in adverts. Criticism about this
from data protectors that Google has to deal with harms my business. My
employees and I are involved in mix-ups on an almost daily basis."

Similarity in the names confuses people again and again, even the
criminal authorities, to the extent that an injunction on the surveillance of
e-mail accounts intended for Google arrives the house of "G-Mail." Examples
show how the trademark infringement by Google has damaged Giersch's business
activities. "I am fighting here not only for me, but also for all
'G-mailers,'" he said. "Investors in my world-first post fund "P1 Privat,"
which finances "G-mail," can in particular stop holding their breath. The
fund has suffered a great deal from the fall-out that resulted from the
confusion with Google." The confirmed, unambiguous legal situation is helping
Daniel Giersch and his "G-mail" name finally go full steam ahead and realise
their catchy motto: "...und die Post geht richtig ab!" ("...and the post is
really taking off!")

Info

- about the first hybrid mail system: "G-mail": www.gmail.de

- about the world's first post fund "P1 Privat" www.p1privat.de

Contact:
    d.giersch@giersch.com
    +1-310-228-8893