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."

Comments

Re:How about XWindows?

[gazbo]

Ignoring the error pointed out by the other reply, there would be no reason that MS would want to change that name. Nobody is going to say "hey look, there's something called XWindows, let's installit on my windows PC because it might be useful".

Windows Backup on teh other hand sounds like the MS approved backup solution for Windows. Same goes for other products; note that they don't say to remove Windows, just to make it not sound like it is a part of Windows (hence Windows Backup becomes Backup for Windows)

Getting out of hand

[thatguywhoiam]

This is totally crazy. As usual, MS is running amok, mostly - seemingly - because many of their top executives have nothing better to do than fuck with other people's lives.

Okay, that was a bit troll-ish, but really... Windows? It's a very common word, Microsoft. I remember when WIndows first appeared and I saw the name/logo. I thought, Yeah, that's about right. Such glaring uncreativity from the business app company. Windows. Uh huh.

Then it got scarier. Word. Office. Money. Microsoft's penchance for naming software after everyday items seems to have the subtext of usurping those items. Who hasn't had this conversation in a modern workplace?

"My office is really messed up, I've got to fix it."
"Your Office or office?"
"Huh?"
"MS Office or your real office?"

Totally asinine.

Did anything ever happen with the Lindows challenge to this practice?

Re:Getting out of hand

[Scooby Snacks]

Actually...

According to the FAQ (and most people you'd ask today), KDE stands for "K Desktop Environment". However, the original Usenet post announcing the formation of the project refers to it as the "Kool Desktop Environment". A Google Groups search confirms this.

Atlanta Olympics Anecdote

[jazman_777]

I remember in the run-up to the 1996 Olympics in Atlanta. The Atlanta Olympic Committee (AOC) was going after people aggressively. You just about couldn't even say "Olympics" without a license. There was some old family-run Greek restaurant, called The Olympic Diner (or somesuch) and they had been around for years. Of course, they hadn't _trademarked_ their name and the AOC made them change it.

What's the fuss?

[JMZero]

The name Windows Backup certainly gives the impression that it might be produced or sanctioned by MS (as THE Windows Backup Wizard or some such) even though MS isn't in the habit of calling things "Windows Doongle Dongle".

First off, this isn't a generic use of the word "Windows" and saying so is really stupid. Similarly, I surely hope I wouldn't be able to call my new product "Sun Network Management Administrator" (even though sun is a dictionary word). I would expect to be able to sell "Sun Dishwasher Liquid" (although that would be a poor name for a network management system) or to make a movie called "Solaris".

They may not be able to win, as (as other's have pointed out) I don't know that they have a trademark on the word "Windows". Either way, in the "spirit of the law", this is a reasonable request. The suggested alternate name is a perfectly reasonable compromise (it's clearer, too), and I'd suggest that they don't want to switch to it specifically because they want to continue getting goodwill off of their current name and/or get free press.

And don't bother telling me MS is evil - in this case that would be a real strong signal of a dull, well-rutted mind.

Re:What's the fuss?

[Reziac]

As a somewhat bizarre example.. the word "telesis". It's a perfectly good Greek word that could be roughly translated as "foresight". It's a registered trademark for all sorts of different things worldwide, but the one most people think of hereabouts is the late Pacific Bell.

I use interesting Greek words to name one branch of my Labrador bloodline, hence I hung one with "Longplain Telesis". It took about 6 extra months to process, probably because it tripped a trademark flag and had to be researched.

Re:Bogus?

[mbourgon]

What may be happening is that Microsoft is trying to prove that they should keep the name, and is trying to coerce all these companies so they can say to the judge that they're going after other companies, so (1) they are attempting to protect their name, and (2) they're not just going after Lindows.

If trying to prove #1 is their idea, I hope the Judge realizes what a BS move this is, and that it's too late for them to do this.

Comes with the territory

[bstadil]

The best defense I can think of that I have never seen (Maybe its there just missed it) in any articles let alone legal Briefs on using common names for a product is that the risk of dilution comes with the territory.

This is offset by the initial benefit you get when you chose it. Choose a generic non descript name and your effort to make it stick in peoples mind is MUCH harder than using a descriptive name.

Take the story we had the other day about eVISA. The Credit card organization chose VISA precisely because it was a well known word with a meaning that dovetailed with their positioning idea. IE Something that allows you to go some place with no problem. They got the benefit now live with the drawback.

Now Windows. What the F.... It was chosen because it described exactly what the program was trying to do with a metaphor that everyone understood. They reaped the benefit now they should live with the drawback, or change themselves.

Good initial names that turns on the corporation is common. Take Kentucky Fried Chicken. They now spend millions to get rid of the Fried connotation as they repositions themselves as KFC. Does that mean that using the initial name was foolish? No, They wouldn't have got to where they are without the initial descriptive name.

Same can be argued for Microsoft's Windows,

Re:Windows ownership argued in Apple Lawsuit

[Reziac]

Someone should dig up the old Apple vs M$ case and waggle it in court during these new M$ vs Anything-Called-Windows cases. Would be fun to watch M$ backpedal and explain their way out of their own words.

AOL

[bstadil]

Nullsoft is owned by AOL Time Warner. The likelyhood of them getting a letter is zero, (or close) AOL would probably welcome such a request as they can go to court and most likely invalifdate MS' right to the generic name windows.

Re:How about XWindows?

[tomhudson]

And if you're running it on your box, then it's an 'X Box', and would be referred to as such, as opposed to console-only boxes, or ttys - long before Micro$haft began making the XBox.

Re:How about XWindows?

[chewedtoothpick]

From what I have read, X is the latest in a large string originating from O Window meaning Open-Window... If you read all of the different 'history of unix' or 'history of X' pages and books, you will get that far back. Now if it goes any farther back, I do not know, but it would be kind-of cool if they had all the way from A to X... in some form of unknown geekish way.

Re:KFC... (o/t)

[bstadil]

Interesting I didn't know that. Kind of a bummer though as I have used the example of KFC in other discussions. That leaves me with Atomic skies as an example of a name once fine that became a liability. Not as good as the Fried in KFC though.

Re:MS wasn't *that* stupid

[thogard]

What happens when the {some trademak} is no longer a name but a symbol and only a symbol? That is going to be a interesting long term question and there are several cases that show you can protect your self aginst bad publiscity by using just a symbol. I wonder how long it will be before McDonalds drops the name and just goes with the arches.

Re:Truly Amazing

[bstadil]

No, I understand that they want to Leech of Microsoft. The point I was trying to make is that Microsoft implicitly accepted that risk when they picked a generic name.

Your point is a valid but different from the point I was trying to make.

Re:How about XWindows?

[xigxag]

Wow. Just like "B", "C" and "C#" ;-)

Registered Trademark law

[DaveOke]

Windows (R) ? Last time I checked, you cannot register a noun.

Re:How about XWindows?

[Ross Finlayson]

"so that begs the question - why the hell was his os called "V"?"

The principal investigator of that project (David Cheriton) named the system "V" at least in part because an earlier system of his was named "Verex". (I think that name came about because the system had some vague association with program verification.)

So the full etymology is:
Verex -> V -> W -> X (Window System)