A German software company has asked the High Court for a European-wide injunction preventing Internet giant Google from infringing what it claims is its trademark.
The injunction has been sought by TeamDrive Systems GMBH, which makes secure cloud based file sharing software for businesses and personal use, against Google Ireland Ltd and Google Commerce Ltd.
It claims Google's use of a software product which it has called 'Team Drives' infringes the Germany firm's European Registered trademark, which it obtained in 2006.
Fearing for its business the company wants an injunction to be put in place preventing the alleged copyright breach until the full hearing of the dispute.
The claims are denied and Google is against any injunction being put in place until the case is heard. It also claims that any injunction will damage it.
Opening the application before Mr Justice Tony O'Connor today Denis McDonald SC for the German company said his client is a moderate size German company that offers a range of products all under the TeamDrive name.
Its software has won awards and its clients include the German Bar council.
Counsel said that last year Google decided to re-brand some of its products including its Google Drive product.
This was to grow its share in the secure file sync and share market, and was counsel aimed at enterprises or businesses.
This is a market where his client has operated in for many years, counsel said.
Mr McDonald said the use by Google of the term 'Team Drives' or 'Team Drive' for identical services offered by his client was something of grave concern to the company.
Counsel said the use was "effectively identical" to his client's trademark.
The facts that there is a gap between the words team and drive was "neither here nor there" counsel added.
At a conference in San Francisco earlier this year Google had a major event surrounding 'Team Drives'.
The term 'Team Drives' had been used by Google in promotional material and literature, as well as being used in media coverage of the product.
Google's lawyers have said in correspondence that the term would not be used in a trade mark sense and says it is merely to describe a function of its Google Drive Product.
It also said that it could not be responsible for what is contained in media reports.
Counsel said TeamDrive does not accept Google's response and is concerned about what the perception and reaction by the public to the product offered by the internet giant.
The hearing continues.