NEW YORK--(BUSINESS WIRE)--SM Kids, LLC, a company that aims to provide safe, fun and educational multimedia content for children, today filed a response to Google’s motion to dismiss the complaint filed in U.S. District Court by SM Kids earlier this year. In the response, SM Kids explains why Google’s arguments to dismiss the lawsuit lack merit, and is eager to receive a ruling from the Court allowing the case to proceed.
SM Kids owns “Googles”, an online children’s platform whose trademarks and domain preceded Google. In 2008, Google settled a trademark dispute with “Googles” that allowed Google to move forward with the Google trademark, tradename, domain name, and website as long as the company did not create, develop, or publish children’s content. “Googles” in turn agreed to not pursue providing internet search services.
“Our dream is to create a safe space for kids online, and Google’s breach of their agreement has made it impossible to turn that dream into a reality,” said Marla Garchik, co-owner, SM Kids. “Too many supposedly kid safe places on the internet today are filled with inappropriate content that pop up in front of our children, and they are often run by companies that are collecting data on children in order to make money.”
The response from SM Kids states, “this motion is a master class in corporate defense strategy. Google, now a network of corporate entities nearing $1 trillion in market capitalization, has responded to a straightforward contract dispute by filing a baseless motion to dismiss… [Google] has launched Google Play, YouTube Kids, and other children’s-related products and services, all in unequivocal breach of their earlier written promises.”
“We wish this dispute could have been avoided, but we have been given no choice but to protect our rights. Therefore we are forced to have our day in court against Google, and we will not be dissuaded by their strategy,” said Steve Garchik, co-owner, SM Kids. “Children have a right to a safe space on the internet, where parents do not have to be concerned about compromising their children’s safety or personal data. Google has a track record of failing to screen for unsafe content and collecting data on children for their own profits. Beyond that, Google has hampered us every step of the way as we have worked to create a modern, safe space for kids online. Now we are saying ‘enough’.”
The United States District Court for the Southern District of New York is expected to rule on the motion sometime next month.
About SM Kids, LLC
SM Kids is a multimedia platform that provides a safe space online where children are able to have fun, learn and grow. It provides an environment for all kids where they can find out things they should know in language they understand. SM Kids’ mission is to foster kids' curiosity through games, videos and activities, and teaches children to develop a positive, healthy self-image.