He's down. Is he out?

According to Press Esc, a court in Germany has banned Google from using the name "Gmail" for its webmail service, ruling in favor of the founder of "G-mail" in a recent trademark suit.

G-mail founder Daniel Giersch began using the title G-mail in 2000 for his own mail service, a new "standard of communication on the Internet," blending "innovative and well-tried communications solutions."

"Google, on the other hand, scans the content of e-mails to blend in adverts," he jabbed.

Giersch's lawyer Sebastian Eble called this a "legendary victory," as the trademark battle has raged for three years in numerous State jurisdictions.

Google filed lawsuits against Giersch in Portugal, Switzerland and Spain. Switzerland also threw out Google's case.

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."