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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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The problem is that the word 'Windows' can be used for those transparent panes of glass. I suggest we rename them to "Gates Holes" as in The microsoft building has HUGE Gates Holes.
Joel "Windows" West
... 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
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?
If Jesus wants me it knows where to find me.
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.
Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
These people have it coming! :-)
Try NetBSD... safe,straightforward,useful.
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?
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.
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.
As any avid /.er knows already, we can from here on out refer to any incarnation of Windows (software, automotive, or building portal) as a "security hole."
"Dear ___,
Please cease and desist the use of the phrase "security hole" as this is a registered trademark of the Microsoft corporation. As is well known throught the international community, we make the biggest and best security holes, and wouldn't want people to confuse your small, easily fixable holes with our more presigious, gaping security holes (heretofore refered to as "new features" and/or "Outlook") in all of our software products.
Thank you for your time.
Friends help you move. Real friends help you move bodies.
I amd the recipient of one of these letters. Here's the deal:
I was told to stop using the term Windows(tm) in conjunction with my home improvement project. I was informed that now I have to call the items openings especially in the wall of a building for admission of light and air that is usually closed by casements or sashes containing transparent material (as glass) and capable of being opened and shut .
This has put a real crimp in my dealings with my contractor. They think I'm crazy for using such a long phrase when a common word would suffice.
Is that insane, or what?
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
The RIAA rushed to the artists' defense and had this to say: "Bug off".
A court battle of unprecedented magnitude and length is expected to follow as the two Titans square off.
Elsewhere in the news ...
- a worldwide shortage of lawyers is forecast for the next 5 years for obvious reasons
- Webster's dictionary is bracing itself for a legal battle with Microsoft for including some definitions of the word "Windows" other than "An inexpensive and secure computer operating system from the philanthropic people at Microsoft (All praise Microsoft!) that should by law be the only operating system allowed on any computer".
- Home Depot has been requested by Microsoft stop advertising "We Sell Windows" and are evaluating a suggestion from Microsoft that they instead advertise "Well Sell Transparent or Semi-Transparent Glass Coverings for Holes Often Found In The Sides of Buildings and Other Structures That Usually Allow The Passage Of Some Degree Of Light"
Sigs are bad for your health.
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.
That's not a joke. The window industry's trade association is called the National Fenestration Rating Council.