MS Asking Makers of 'Windows' Software To Rename
An anonymous reader writes "Today WebWereld is running a story (http://www.webwereld.nl/nieuws/13347.phtml) on Microsoft's attempts to stop other software makers from using 'Windows' in their names. Several software makers that are listed on the Lindows-list (http://www.lindows.com/lindows_home_list.php) have received a letter from Microsoft's lawyers. Basically Microsoft asks them to stop using the word 'Windows.' Windows Commander and Windows Spy have changed name as the result. Christian Ghisler (of Windows Commander) changed the name into Total Commander and Sureshot changed the name of Windows Spy into Farsighter.
Alexander Tchirkov of Windows Backup Wizard also received a letter from Microsoft, but he is not willing to change the name of his software, he tells WebWereld. 'I received a letter from attorneys Microsoft (SEED Intellectual Property Law Group) with the recommendation to change the program name into Backup Wizard for Windows(R).' Tchirkov says Windows is not a registered trademark in Russia."
1. It's older (in trademark law, that's not as important as in patent law, but it is an issue) 2. "Windows" is not really distinctive (less than "X" is). Actually, that's the problem Microsoft has all the time: "Windows" is a normal english word, a search in the trademark-database of the EU lists 20 trademarks containing windows. One could even say, that "X-Windows" (BTW: What does the X stand for? uniX? Xor?) is a clear sign that "windows" was a commonly used word for a graphical user interface for computers long before MS registered the trademark. This would mean, that the trademark was erroneously registered and has to be deleted. To give another example: You cannot register "car" as a trademark for automobiles, because it's already a common word.
According to the Jargon File, it was so named because it was the successor of an earlier window system called "W".
Esli epei etot cumprenan, shris soa Sfaha.
Besides lots of thigs run on windows besides software. Windex runs on windows, bird shit runs on windows.
Some drink at the fountain of knowledge. Others just gargle.
It's not even a trademark in the US.
Really? You're sure about that, are you?
Word Mark WINDOWS
Goods and Services IC 009. US 038. G & S: computer programs and manuals sold as a unit; namely, graphical operating environment programs for microcomputers. FIRST USE: 19831018. FIRST USE IN COMMERCE: 19831018
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74090419
Filing Date August 20, 1990
Published for Opposition June 21, 1994
Registration Number 1872264
Registration Date January 10, 1995
Owner (REGISTRANT) Microsoft Corporation CORPORATION DELAWARE One Microsoft Way Redmond WASHINGTON 980526399
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Richard W. Seed
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Affidavit Text SECT 8 (6-YR).
Live/Dead Indicator LIVE
"W" was chosen because it was the next letter after "V".
No kidding. "V" was the name of a research distributed operating system at Stanford at the time (mid-80s). Paul Asente thought he could improve upon its window system, so he called his new system "W". MIT later used this as the model for "X".