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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."
How about X Windows?
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... for creating a non-unique product name. If they want to control branding, then they better make sure to label the product "Microsoft Windows", or next time they can be a bit more creative.
There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
AFAIK, they got turned down flat for a preliminary injunction in the Lindows case. With the judge expressing doubt that "windows" was a term that could be trademarked. So are these letters not an extra judicial effort to obtain by intimidation what they have been denied in court? If so, does it constitute contempt? Anyone have an informed opinion?
But does anyone doubt that the software in question is playing off the Microsoft Windows brand and mark ? I'd understand the argument if the software described did things totally unrelated to MS Windows, but I bet (without actually looking up these products) from the sounds of their names that their functionalities are intimately related to MS Windows.
As for whether or not Windows is a registered trademark in Russia or not, I have to say I'd be very, very surprised if it is not. And if it isn't , then someone in Russia ought to go and register that trademark NOW. In fact, it makes me wonder why the Russian programmer in question wouldn't register the trademark if only to protect HIS mark.
If your product does something useful, people will associate any name you choose with the functionality of your product. Just because your product runs on Windows or is written in Java, you should not feel that you should include the word in the title. Just because your software is an FTP client, you don't have to name it JoeFTP.
Naming your product similarly to another project piggy backs on their efforts. I would rather have my stuff stand on its own merits. Naming after functionality, platform, or language can later be limiting if you ever want to expand your functionality or port it to other platforms.
Company A contacts company B and says "you can't use the name X for your product, we suggest you use Y".
So, company B obliges....
What the fuck? Why? If X is something as generic as Windows and is not trademarked, I can use it for whatever the hell I like.
Does this mean we may not use Office, Money, Exchange etc. etc. in naming our porducts? I have an incredible itch to challenge this.
Sigged!
Windows is a generic term. It always has been a generic term and always will be a generic term. In every GUI, different frames of programs are called "windows". "Windows" should have never received a trademark in the first place, as it was generic when the trademark was granted.
Thus, no one should heed MS's demands to change their name. The Lindows case already proved the "windows" trademark was void.
social sciences can never use experience to verify their statemen
If I have software called Linux Commander, do you really think
its part of the kernel?
And your Sun comparison is way off. The direct analogy would be
Solaris modifier
Or, it would have been analagous if the M$ targets were calling their software
Microsoft modifier
In other words, to refute your first sentence, absolutely nobody
I know would think that "Windows Backup", presented in
an appropriate manner, was produced or sanctioned by M$
Said another way, don't you think the intention of the targets
is a relevant question in this case? - are they trying to give
the impression of being a Microsoft product?
Turn it on, hook it in, no admin
It's kind of ugly for everyone involved. "window" is definitely a generic term for a windowing interface. When MS chose the term "Microsoft Windows", they sure as hell weren't thinking of trademark issues.
The problem is that then Lindows came out. Now, "Lindows" isn't just a windowing system -- it's an operating system, rather similar to what MS is selling. Furthermore, Wal-Mart sells these damn little boxes to people who have little computer experience and say that they have "Lindows" and are "Windows compatible". There's a pretty good case for confusion there if you have an inexperienced buyer. I don't have a lot of sympathy for the Lindows people -- I think it's fair to claim that they were trying to take advantage of confusion.
So MS sues them. Probably the only justified legal move MS has made in the last decade. The judge not *only* denies the injunction, but states that "Windows" is/has become a generic term. So now Microsoft is panicking and trying to do damage control to regain control of their product name. They go after everyone using Windows to try to build up a stronger case for future trademark infringement suits. There's nothing MS would hate more than ten companies out of China selling WINE+Linux+GNOME systems called "Super Windows".
Frankly, this whole thing wouldn't have happened if the Lindows people hadn't pulled their attempt to grab a little MS market share...
May we never see th
They don't need to get a judge to buy it. All they need to do is cause a judge to consider it until their opponent runs out of legal money.
This move on M$'s part will dilute the trade marks of all the other companies involved and confuse each and every one of us. Take the "Windows Commander" example. Christian worked for years building up a name and reputation. Can you tell me what he's changing his name to without scrolling up the page? Christian just got ripped off and his new program is indistiguishable from many other utilities that do the same thing.
Nothing new really. Do business with or have anything to do with M$ and you will be burnt.
Friends don't help friends install M$ junk.