Slashdot Mirror
Windows Vista Faces Lawsuits
WindozeSux writes "When tech company Vista discovered the title for the new Windows Operating System version, company founder John Wall was not amused. John Wall may take this to court because he knows of how protective Microsoft is over their trademarks. From the article: 'A Microsoft spokesman said the company chose Vista from a list developed by the Windows team, based on attributes of the new software. Among its primary selling points are new tools for searching and viewing the contents of a PC; communications features; and a lighter desktop appearance with transparent objects.'"
Among its primary selling points are new tools for searching and viewing the contents of a PC; communications features; and a lighter desktop appearance with transparent objects.
Why did they not just call it "Mac OS X" then? Vista... geesh.
Lets just call it Longhorn. We've been waiting for years for a good working Windows version.
Turnabout == fair play.
</optimistic>
Does anyone think this will stop Microsoft from pulling similar stunts?
*earth oscillates from the force of millions of Slashdotters' heads shaking*
The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
Marketing budget on new software rollout: $120m
Research and Development Costs: $900m
Naming your new OS something really gay: priceless.
Sue for the name, or be sued I guess. Sounds like they have a case for the trademark being theirs as a name, but these cases always seem silly to me. Clearly "Windows Vista" is not the same as "Vista" the software company. It's doubtful anyone is going to confuse them.
On the other hand, you damn well bet if I happened to own a company by the name of the up-and-coming Windows OS, I would be making sure my name was EVERYWHERE right about the time the new OS came out. Hell, I'd even offer to sell them the name for $500 million or something, make it worth my time.
MS deserves to be sued for picking such an un-attractive name for an OS. :P
Windows 2000? Yeah, that works. XP? Sure. ME? Not great, but it is better than "Vista". How many people are going to actually know what "Vista" means, anyway? I'd put 20 on people thinking that the newest incarnation of Windows is some spanish distribution.
"Better to be vulgar than non-existent" -Bev Henson
Windows XP Service Pack 3
Have you forgotten Microsloth applied for TM on the entire dictionary in 1992? http://www.microsoft.com/library/toolbar/3.0/trade marks/en-us.mspx
I am still trying to figure out why apple is letting tigerdirect make its operating system. :(
The poster's nickname kind of kills the objectivity on this one.
I still think Microsoft should pay up for their mistake, but when someone with this kind of nickname posts about microsoft, its bound not to sound objective or credible.
I find the name Vista to be very appropriate. I propose that on every new install, an image of the Terminator pops up, saying "Hasta la vista, baby!!!"
as usual..
Wonder whats going to prevent them from getting away with it?
This sentence contradicts itself - no actually it doesn't.
"If they called it Windows Garbage, would people still buy it? Yeah, they'd buy it," said David Burd, [. . .] "They've got something like 90 percent penetration in the world of operating systems."
Uh, wouldn't "Windows Hegemony" have been a better choice?
"The television is the retina of the mind's eye" - Videodrome
When my company wants to propose a name a new product, one of the steps is to go to the USPTO to see if somebody in the same industry has a registered trademark on it. If so, we drop the proposed name and go on to the next. Seems elementary to me. We also try to get the .com domain if at all possible. Lastly, we do a google search to see if the name candidate is diluted or already in use as a claimed (but not registered) trademark. Sometimes we find that the name has negative connotations. Anyway, why doesn't MS hire people who do these elementary steps for them?
Perhaps they felt that "vista" was too diluted to be a trademark on its own, and/or that using the trademark "Microsoft Vista" is sufficiently distinct from any other use of "vista", but these arguments seem lazy and weak to me.
Other than that, it's a pretty good name.
Somehow I doubt that the "MS Team" (by this I'm assuming mainly software engineers, etc) would be entrusted with the name for a flagship product. Codename perhaps, but I'll bet that a name as meaningless-yet-initially-resistant-to-punnery (just look at how Apple treated the Longhorn code name) like Vista would be coined by an amalgam of dozens of vacuous marketing executives.
Though really I'm just surprised they didnt do a google search of the name to see if there's any similar companies or products out there called Vista...
Yup...
Right now, the name can be changed without Microsoft caring too much. If it gets to release time, there is no way in hell Microsoft will change the name. They'll just throw lawyers at him until he gives in. If it doesn't work in the USA, they'll harass him in other countries.
Right now, he's got a clear advantage. If he makes every move to completely stop their use of the mark 'Vista' (as opposed to licensing it to them or something), then they'll probably change the name sharpish. But if he shows any sign of weakness, they'll just steamroller him into submission.
Perhaps Garmin, which makes the Vista GPS, should also sue. After all, that whole "Where do you want to go today?" slogan of MS's could also apply to a GPS.
Why don't they just go back to naming it after the release year, and avoid all the legal problems?
After all, Windows 2017 has a nice ring to it...
Epicor should get it on this action. The Vista ERP system has been around for a while now. Given Epicor's relationship with Microsoft as a Certified Partner, and their extensive use of Microsoft .NET, MS can hardly claim ignorance. I wonder if possible Longhorn names were picked from existing partner software, thinking that MS wouldn't be sued by people who depend on them for the underlying OS framework?
I say Microsoft should continue with the emoticon tradition started with XP and go for like =( or 8| or something...
So instead of Vista it can now be Windows: More Gooder.
it's bad enough that microsoft takes 5 years to release beta software that's probably going to be 50% capable of mimicing os x. they can't even come up with a decent, non-trademarked name. hell they're a monopoly, why don't they call it microsoft cheerios or something!
"You never want a serious crisis to go to waste." - Rahm Emanuel
Seems that M$ can't keep from trotting on Linux companies. First Lindows get bought off my M$ for the name, but this time they have chosen a name similar to an existing Linux company MontaVista?
I can see it now "Was that Windows Vista (tm) were were supposed to buy, or MontaVista (www.mvista.com) Linux?" I'm so confused...
It only gets worse once M$ Windows Vista goes embedded considering MontaVista is the #1 embedded Linux vendor on the planet
New Enhanced eXtreem Technology.
Damn I'm good... Microsoft should be paying me!
Life is not for the lazy.
That would be a slap in the face to Apple to actually dare "complimenting" Windows Vista in that way
1. aquire trademark for a word.
2. ???
3. wait for a big company to use the same word.
4. sue their ass.
5. profit!!!
What goes around comes around, kid.
good, i hope microsoft gets sued over it, vista is a stupid name anyway. plus, if microsoft was really into naming its operating systems after their main attributes, windows 98 would have been called "windows trainwreck", windows xp would have been called "windows swiss cheese", and windows "vista" would be called "windows desparate attempt to keep up with other operating systems because really we'd rather just sell windows swiss cheese for 10 more years"
Why all the people saying microsoft should have googled for the name first? Obviosuly, microsoft would have used the msn search. Perhaps that explains why they didn't realize that the name is already taken.
They're sueing, and I would too, given Microsoft's willingness to pay companies upon "stealing" a name.
You might not remember, but when XBox came out, there was quite the hubub locally (where I'm at). The XBox name was in use here by a firm in Michigan, at least a few years before the XBox's release (1999).
Microsoft quietly handed this company a rather sizable sum of money. The company founders were millionares many times over (the rumors place the settlement in the low 20 million range).
If I was a member of the "Vista" board, I'd go after Microsoft, too! It's free money!
Video Game News, FAQs, etc
what http://vistawindows.com/ is gonna do.
These sorts of lawsuits usually end with a press release announcing an "amicable settlement" between the two companies along with one side doing a voluntary name change, suspicions of equity changing hands, and huge unstated settlements for the lawyers.
Microsoft doesn't normally give in if they've made an announcement already, but I still fail to see the attraction of a name like "Microsoft Windows Vista ____ Edition SP#". It sounds like an unneeded add-on or "plus" pack rather than a new baseline for operating systems.
Yeah, i don't think Microsoft is at the stage it could use that for the logo yet, probably in a few years though...
DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
http://apple.slashdot.org/article.pl?sid=05/04/28/ 2214245&tid=123
It's all well and good MS differentiating its trademark from an existing one by positing that theirs is only valid when combined with the word Windows (ie, "Windows Vista"), but in a tech world where "XP" alone came to mean the latest incarnation of Windows, so too will "Vista" be diluted. When tech people see the word Vista alone of course they're going to associate it with MS. This dilution will spell the death of the Vista's intellectual property because it won't possibly have the resources to fight every single infringement in court (which it must do to keep its trademark). MS knows this. Sucks to be the small guy, eh? The MS juggernaut rolls on...
OK, so why is it OK for Apple to release Tiger when Tigerdirect had the name first but it's not OK for MS to do the same thing?
Consistency, people.
---- Watch out for snakes!
Correct that they will not be confused.
But Vista will be confused. In 2 years, when someone says Vista - they will refer to Windows Vista and not some other tiny company.
apple's rend.. bonjour . I think MS is going to lose this one.
The war with islam is a war on the beast
The war on terror is a war for peace
I was hoping that Vista Windows would sue them, but this is even better. Not that I like these stupid corporate legal battles but anything that may force them to change the name is great in my book!
Heck, why call it Windows Vista, when Windows Fiesta! sounds even worse?
I don't know, with the way most slashdotters feel about Microsoft I'm surprised the grandparent isn't being modded as "insightful".
The only thing this new Windows software will do is limit what you can do on a computer. How much sense does that make?!?!? It has so much DRM restrictions in it that I doubt I'll be able to even open a text file containing a work of Shakespeare without having to pay a fee to the million monkeys who used their typewriters to write it. :)
DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
People with Aperger's don't think the entire world sees things the same way they do, and what gives you the idea to call the way they see things "nerdy precision"?
http://www.vistasource.com/
The Applixware guys...
The same thing happened when Microsoft announced the name XBOX for their console. Apparently there was a small company in Florida called XBOX Technologies which sued Microsoft for trademark infringement. They settled it out of court and Microsoft proceeded to use the name XBOX for their console. Microsoft will either buy the company or the rights to the name and that will be the end of it.
this company to at least wait till the new software's name becomes popular among the common folk?
you zebra. ZEBRA FUCKER!
Clearly "Windows Vista" is not the same as "Vista" the software company. It's doubtful anyone is going to confuse them.
How often do people drop the term "Windows". I mean, it's called 95, 98, ME, XP, NT, so why do you think it will not be called simply "Vista". Microsoft can't change the name (Well, they could, but it's unlikely because there's a huge marketing machine in place). They could, of course, could drag it through the courts, but that would be unwise PR-wise (Cue up the "Microsoft steamrolls over another small company" propoganda). So they will load up a truckfull of cash and buy the name from the guy.
"I'm not impatient. I just hate waiting." - My Dad
Naming is important, but unfortunately that anecdote is untrue.
English is easier said than done.
A video of the launch showed the Vista brand name alongside the slogan "Clear, Confident, Connected; Bringing clarity to your world".
From Seattle Times article:
Microsoft may have stepped on the toes of another software company just down the road in Redmond.
Oh Microsoft.... Unfortunately, MS is left to differentiating its products names by letters and numbers, rather than words. Redhat has the wardrobe section of the dictionary, Gentoo the Penguin section, and Apple has the Feline section. All others are currently filled with other companies, and the Dictionary Motel's light is flashing "No Vacancy"
Damn! Can't wait!
Just for you gee whiz collection.....
SCO and Vista have a partnership to sell templated websites called SCO biz. At one point SCO was/is? heavily invested in Vista to the tune of 3+ million dollars.
Microsoft yesterday said a test version will be released by Aug. 3. The "beta" will be distributed to about 100,000 enthusiasts to gather their feedback;
"Enthusiasts"? Is that what they're calling them now?
A Microsoft spokesperson apologised for the 'blatant copyright infringement', assuring reporters that it would never happen again.
...the name 'Microsoft Windows Google' will be used instead.
http://www.stationwagon.com/gallery/pictures/1971_ Olds_Vista_Cruiser.jpg/
I'm thinking your milage may vary.
What does this button do...
For infringment?
I wonder if Vista will run on Vista? :p
Seriously, do some better research next time, Microsoft. And try not to pick such a shitty name. Shit, Windows 2008 (or whenever it's coming out) would have been better.
What is humor if not pain tempered by time?
It's about time to make Microsoft pay for what they've done to Lindows name...
Is it me or is "Windows Vista" sound like a really good rippoff of OSX PS I dont use OSX as my main OS..
There's also Mitsubishi Pajero, which means "wanker" in Argentina. I think the car was sold as "Montero" over here, though.
Wall was one of the early inverstors in the Caldera/SCO scam.
The company also owns some dubious energy company (most likely a tax-writeoff stunt).
MS knew must have known about Vista, and this might poosibly be a somewhat indirect way of funelling money to further finance the SCO litigation machine.
If you put on your tinfoil hat, this name is not an accident, but a way to finance SCO without alerting the antitrust watch dogs.
-- Another senseless waste of fine bytes.
Stop spreading bullshit
windows version which makes one switch to OSX or linux.
My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
Windows Viper has a nice ring to it. Borrowing the implication of speed from the automotive world. The suggestion of power from the military world. And to top it off the windows are clean.
And here this whole time I thought it was a BeBox running OS X.
Multiplayer Gaming (defined): Sitting around, discussing single-player games with my friends, at the bar.
How did someone let them register _windows_ then. Afetr all, it's a common word.
Word History: The source of our word window is a vivid metaphor. Window comes to us from the Scandinavian invaders and settlers of England in the early Middle Ages. Although we have no record of the exact word they gave us, it was related to Old Norse vindauga, "window," a compound made up of vindr, "wind," and auga, "eye," reflecting the fact that at one time windows contained no glass. The metaphor "wind eye" is of a type beloved by Norse and Old English poets and is called a kenning; other examples include oar-steed for "ship" and whale-road for "sea." Recently we have restored to the 800-year-old word window a touch of its poetic heritage, using it figuratively in such phrases as launch window, weather window, and window of opportunity or vulnerability.
I gave up with the idea of an useful sig...
Blinds?
French Doors?
Windshield?
Charles Jo
You'd still see press saying John Wall was not amused...
This issue is a bit more complicated than you think.
They aren't even remotely in the same operating arena. I don't think anyone is going to be confusing a windows and door company with a software company anytime soon.
What's wrong with Windows 8.0 or whatever version it's going be...?
...as soon as the next windows will hit, I bet there'll be a bunch of posts like "vista sucks" (i'm sure the slashdot community will be alot more creative in it's insults ie>"windoze"). Any company would want to sheild itself against such negativity. I'm not saying that windows will suck, i'm just saying that there are plenty of people who hate windows and maybe a small software company doesn't want the average joe to think the same way about them.
My father used to work for Wall Data in Berkeley, CA in the 90's. Not that it matters, but just thought that was interesting.
It's just that they used MSN Search and found nothing for Vista
How about they use "version numbers" in their product name?
I propose having a major and minor revision numbers, e.g. Windows 6.01. For minor bugfixes the minor revision number will be incremented, and for major updates the major number changes.
How about Windows 360?
While the threat of a lawsuit from MS is certainly enough to keep one up at night (and personally I don't think they'd try to sue Vista since they held their name first)... this is great publicity for vista.com.
No one heard of them, and now millions of people might accidentially come across their website or read about them in regards to this potential lawsuit.
Besides, they don't appear to be a software company -- from the looks of their website, they do website hosting and design, ecommerce.
-David
Microsoft Vista sounds gay anyway
They could come up with something better, more creative... like using the current year as the name instead. Oh wait, that would violate God's copyright. However, he's a nice guy and wouldn't sue them over it.
Step 1: go to http://vista.com/page/5rr/About_Us.html
Step 2: click on the mailto: bizdev@vista.com
Step 3: ask where the link is to download Windows Vista
Step 4: Profit for Vista, as they'll have prime evidence of market confusion
__ Someday, but not this morning, I'll finally learn to use the preview button.
...the only OS you can jump off of.
Outlook not so good...
XP is 5.1, Longhorn should be 6.0.
Windows YQ
WinSix
MS OS-VI
Windows 6! Plus!
MS Sexto
whatever...
Or jump version numbers, a long-standing tradition.
I'm not really a web designer, I just play one on the Internet.
That leaves context as the only descriminator. For the majority of people whose understanding of computers is tenuous at best, I doubt this contextual difference will be obvious.
Its Microsoft's influence that makes this a larger problem than if it were simply two typically sized companies.
Did anyone else read half the way through thing, thinking hmmm... well mighty useful all tese specs get filtered through the piece. 10$ is a fabricated news (not as in false, just pre-arranged to hand out a well disguised white paper.
good job microsoft you got everyone talking about it... is not like they gave a damn if they loose the lawsuit... they can spare 12 million? - maybe more. that dough was going straight advertisement anyway.
Or enforce some truth in advertising laws.
Make them call it Microsoft Bloated Buggy Pile Of Evil And Mind Crushing Pig Shit That Makes Baby Jesus Cry
Sorry. Had to get that off my chest. Just mod me down. Thank you and good night.
Dude! You've been VISTA'D!
My comments here are my own; I do not speak for my employer.
huh
MORE LIKE WINDOWS SIESTA!
i wonder if oldsmobile should sue also, given that microsoft wants to enter the auto pc market. vista cruiser was the first thing i thought of when i heard "vista". i guess sandisk will make a flash drive called the vista cruiser soon. or maybe that will be the name of the file manager in vista. they should just drop the "t" and make fall inline with the msn passport. hell, it also works with "where do u want to go today?" though the credit card company might cry foul. dammit..
babble mode off.
That was always my favourite method for versioning, years and the service releases. However, barring that, just do normal version numbers, 1.0, 2.0, etc. I really hate this crap of meaningless versions like XP, ME, CS (Adobe), etc. It's like cars. Ok, so what IS the difference between the EX and SI models? Use codes that are related to SOMETHING.
They should stick to something that allows you to usefully relate versions. I always liked year, because then you could relate all software. If you have a system running OS 2004, OfficeSuite 2005 but GraphicsPackage 1999, you know what's out of date.
Yea that line was great. I'd love to see an experiment where Microsoft sells "Microsoft Windows Garbage" to see if it has a negative impact on sales.
I'm guessing they chose "Vista" so people couldn't tag it on their products too. Easier to sue for a whole word then it is just two letters; just like how Intel couldn't trademark "586" so they went with Pentium.
When Windows XP came out, all of a sudden we saw a crap load of products with XP on the end including the Athlon XP from AMD.
I'm not sure why they'd want to stop it but it's Microsoft so who knows.
- It's not the Macs I hate. It's Digg users. -
i found an interesting article on john wall and vista and his product:
http://www.threenorth.com/sco/john_wall.html
23 April 2005
It seems that John Wall is selling Vista.com. Well, sort of selling it
after reading that, i don't feel sorry for this john wall guy at all.
many of you may be microsoft bashers, and maybe rightfully so. but to be illogical and say john wall deserves this payment just because you dislike microsoft is just wrong.
if microsoft was wrong, i'd say they are. but this case is pretty clear that vista does not deserve a single penny.
HD Trailers
Vista and SCO are connected somehow because SCO has given over a million dollars to Vista through various deals. It doesn't seem that SCO got anything in return.
Now Microsoft and Vista are connected. It's a weird coincidence.
Stats_for_all talks about the Vista SCO connection on the yahoo SCOX board.
It seems that there are a lot of puzzling things about Vista as a company.
Well, in Latvian "vista" means chicken (or hen). So it's like Windows Chicken. I dunno, sorta funny.
"Among its primary selling points are new tools for searching and viewing the contents of a PC; communications features; and a lighter desktop appearance with transparent objects."
It's like double speek!
"If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer
... because, whether you like it or not, you're likely to say, "Wow, look at that."
-- I prefer the term "karma escort."
Uh-huh. All of the three "sources" he cites disagree with him, but this guy has a webpage so he's obviously right.
http://www.microsoft-vista.info/
Until i get sued enjoy, hopefully redhat gets some buisness.
And a slogan with that cloyingly trendy "so" thrown in.
"You are so going to love this version!"
"Where do you so want to go today?"
"You so won't see the blue screen anymore."
--Rick "If it isn't broken, take it apart and find out why."
In Washington State, you're talking mountains. And vistas, with regards mountains, are something generally associated with being dimly seen at a great distance, rocky going and having uninhabitable, frozen terrain. Oh, and occasionally exploding in violent and unpredictable ways. (There are a lot of dormant volcanos around there.)
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
If even slashdot cannot be trusted to be objective anymore, then who can we trust
I'm all for suing microsoft ... but come on! Vista is such a generic word. If two things couldn't use the same generic word in their title we would run out of words!
I work for a company as an account manager and I have a handful of accounts, and a lot of them use the same words in their names.
or else!
If they called it Windows Garbage, would people still buy it?
If only Microsoft were honest......
Does a Christian soccer team even need a goalkeeper?
was also the name of a landscape rendering program that first came out for the Amiga, then the PC. I'm sure if they have any problems though, m$ will just buy up the company...
I guess Microsoft OS X would be a tad too obvious, yeah?
The future is in beta
Windows Vista.. Congratulations Microsoft, the word means for us Finns "extremely disgusting". I guess that's exactly what it is
They could just jump version numbers from 5.1 and directly to 10 (Slackware style) and call it Windows X.
... Oh, wait...
"Live free or don't."
http://www.amadeus.com/ sells a booking engine for travel agencies. Guess its name. right http://www.amadeus.com/en/301010.jsp
Even the name 'Windows' always seemed stupid to me - i mean, who the hell names a product after one of its features!!?
It's like Ford bringing out a new model of car and calling it 'steering wheel'.
...the city, I take offense to this whole thing!
I'm glad this company is suing, since otherwise MicroSoft might try and sue my city. Although I'd hope we'd be able to demonstrate that we had it first (but with the state of law today, who knows).
Them? No, I thought it was a champion golf player?
Microsoft always liked to use generic terms and trademarks of others. Windows, Office, Exchange, Outlook, Patent Office (OK, I made up the last one, but they own it anyway). Remember Xbox? http://www.theregister.co.uk/2001/02/05/software_c ompany_beats_m/ It worked for them in the past, it will be the same this time.
Who cares what its called, its still Windows and its still unsuable, just like Linux!
Happy flames!
... just needs another buck or five from the microsoft coorporation, let them have it, why should they not benefit on the big dog...
Remember wxWindows, excellent library (better than QT IMHO)? It existed for a very long time, but Microsoft recently forced them to rename to wxWidgets.
Could it be that Microsoft is well aware of the name conflict, and selects a temporary name they know would get this kind of attention.
That way they get lots of free press telling the world that they are about to release a new OS, and at the same time they try to wash out common nicknames names like Longwait, and NoHorn from peoples minds.
When the OS is released it will be named to something completely different.
God is REAL! Unless explicitly declared INTEGER
Microsoft should have name it something related to Longhorn, something like "Bull Shit".
Would Be, Inc still be in business they would sue them over what they stole. Oh, and Apple too.
"new" tools ROTFL.
Now they will have to change its name to Windows Pane.
Perfect!
Windows Overlook: it seems nice at first, but if you use it for long enough you go crazy and become an axe murderer.
.. as I remember years ago, a UK group that had a latin name that vaguely resembled the word Pentium were sued by Intel. The group were nothing to do with technology at all, but still suffered the wrath of Intel. Intel legally forced them to change their name through sheer paranoia. And surely eveyone remembers the whole Mike Rowe Soft case were Microsoft got a guy called Mike Rowe to hand over his domain name (www.mikerowesoft.com) even though he was completely unreleated to them and couldn't pose any threat. (now owned by Microsoft, but still seems to be some other dodgy site). Vista should make their own mini operating system called Vista Window.
What is W2003's version? I know of 2000/XP but not 2003's
If so, clever!
It was a Kids in the Hall movie about a new drug. But there was a part in the movie where the corporate honchos were more concerned about the name of the drug and what to call it than the drug itself. They brought in a famous consultant and had board meetings etc etc about the name.
I don't know, this just reminded me of Brain Candy.
"Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
...it still sounds like a feminine hygiene product to me.
Peter
How about Windows Nova? :P
Vista seems to be taken so many ways what about Americorp Vista
How about Windows Phoenix Firebird Firefox?
Of course, the Yugo sold really well, because the name in English literally translates to You Go. And the Hyundai Excel sold really well too, as Excel in English translates to as something being most excellent.
In reality it should read:
When tech company Vista discovered the title for the new Windows Operating System version, company founder John Wall opened a bottle of Champagne and sait to his employees: "Well guys, we have the chance to get some million dollars from Microsoft in a settlement without having to do any work"
..of course, "Window Pain" would probably be more appropriate. I still prefer to call it Littlebighorn, though.
"My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
ya know, good point, but so is Apple, and I dont see those pansies crying foul.
How about naming Longhorn "Vistpire"?
I'm going to post that acronym everywhere on the Net. By the time Windows Vista TM comes out that's the only thing anyone is going to be able to think of XP ME, I mean Vista.
Just do a quick google search. There are a number of other software products/companies with "Vista" In their name. 7 in the first 10 results by my count. This may end up being a case where it goes to the public domain due to common use, much as what happened to Bayer "Aspirin" and Sanka's orange coffee carafe.
"Build something idiot proof, and someone will build a better idiot" - Samuel Clemens
I don't think anyone has mentioned this on slashdot yet (which seems weird), but there's an OS called VSTa (pronounced "vista") that's been around for a few years too. Of course no one seems to care about this for some reason.
... a processor thats built to run on XP!
XP made to run on XP!
Vista made to run on Vista!
It all comes down to how the brain works; this is just one of the fascinating ways the brain stores information effeciently! Its some kinda conceptually associative compression... concepts that overlap, that are broken down and stored as repeating elements - you see it in mathematics, programming, language, everywhere.
It's obvious Microsoft is going to buy them.
Companies with the string "Vista" in their company name are prime targets for lucrative acquisition based on trademark overlap.
Anyone remember the company Alta Vista getting bought for 3.3 million by compaq just so they could have a better URL for their search engine?
smile, it makes everyone else wonder what you're up to
Microsoft is more likely to use its rather uninspiring chronological named editions. i.e. Windows 2006 or Windows 2007 than Windowes XP ME. At least Windows Vista is a break away from its dull naming schema and this time doesn't look like its trying to emulate Apple when it abruptly changed its chronological name schema to name its last desktop edition XP, after Mac OS X came out. Then they went back to their old mundane name with Windows 2003 server.
There are similar but true anecdotes. In 2003, Buick had to change the name of its Buick LaCrosse to "Buick Allure" in French Canada after they found focus groups kept laughing at it. "La crosse" is Quebec slang for "screwing" (in both the sexual and "rip-off" sense).
My messages 264194 and 266852 on 05/11/05 and 5/18/05 at Y! SCOX are probably the most succinct description of the the Vista-SCOX relationship.
*** SCOX made a bizarre deal with Wall where it gave him 10MM in fungible securities and got back in return 100K of its own stock that it had previously handed to Wall. ***
The Vista--SCOX deal remains most unusual. A full reconciliation shows that SCOX paid Vista or Wall 900K in Cash and threw in >1,200K in loans from third parties, and provided Wall with a net 700K shares of SCOX stock.
September, 2003 when the renogotiation occured, the 700K shares of SCOX were worth 9.8MM. The shares had been registered for sale in April, so the number remaining in Wall possession is speculative. Daniel Lyon put the number at 600K in August, 2003.
SCOX's **only recorded payment** from Vista/Wall was accepting the return of 100K shares of SCOX stock in September 2003.
1) . Total cash payments by SCOX >>Vista==
100K purchase of 1MM Promissary Note (security was 20% ownership in Vista).
250K Stock purchase of 10% stake, Oct-Dec 2002
250K second tranche in stock purchase Jan 2003
100K loan Jan 2003 due April 30, 2003 security 5% stake in Vista
100K loan April 2003 due April 30, 2003 security 5% stake in Vista
======
900K Total SCOX >> Vista
+ 800K shares of SCOX (registered for sale April 2003, 200K shares reported sold August 2003 by Lyon, no further reporting, no accounting requirements)
2) . Total payments by Vista >> SCOX
3.3MM shares of Class C preferred Vista stock
Fall 2003 Restructuring (p. 68 of 2003 10K)
3) . Wall >> SCOX
4) . SCOX >> Wall
200K Loans payable to SCOX @8%
2 undemoninated notes by third party payable to SCOX transferred to Vista/
5) . SCOX
===Full Restatement or Overall deal reconcilliation ===
1.0 MM Note 3rd Party to Wall (8%)
200K Notes (SCOX to Vista) transfer to Wall (8%)
2 undemoninated 3rd party Notes to Wall
700K shares SCOX to Wall (net of 800-100)
SCOX received:
100K shares of SCOX stock
The 10 million dollar question is why SCOX would give 1MM in cash and 700K of its own shares to Wall for the *sole* consideration of the return of 100K shares in SCOX that it had previously issued. That is a bizarrely lopsided deal. To make the deal even more surreal, SCOX threw in two undenominated notes to sweeten the pot.
SCOX filed a registration statement in Feb 3, 2003 to permit Wall and Morgan Keegan to sell the shares SCOX had issued them. On Feb 13, 2003, Keegan wrote SCOX a letter admending the terms of their deal. On Feb 21, 2003, SCOX announced it had engaged Silverman Heller Associates for Investor Relations.
Silverman Heller is a firm that specializes in marketing securities by meeting with institutional investors. A recent client list shows that Royce and other familiar names are big holders in the issues it represents.
IVAC -- Royce, Wasatch
CRDN -- Bjurman Barry
JCDA -- Royce (Cohen)
To tie these two threads together: SCOX claims no direct consideration from the S3 it submitted in Feb. 2003, but thought highly enough of the effort to find institutional investors for Wall's and Keegans shares that it employed its own lobbyist. SCOX m
Microsoft settles trademark case By Dan Goodin Staff Writer, CNET News.com July 1, 1998, 6:15 p.m. PT Microsoft said it has settled a trademark dispute that had challenged its use of the name "Internet Explorer" to market its popular Web browser. Sources close to the matter say the settlement will have the software giant paying $5 million for rights to the name. software developer Dhiren Rana sued Microsoft in late 1995 for trademark infringement a few months after the company began marketing its new browser under the name Internet Explorer. Rana alleged that, beginning in 1994, he had applied the name to a competing Web browser he had designed for SyNet, an Illinois Internet service provider that has since gone bankrupt.
Total Commander is a pretty good 'Midnight Commander'-like file manager for Windows.
In 2002 Microsoft 'kindly' requested that they chose another name, after 9 years of being called Windows Commander.
Windows Panorama is a good name. Like ME for Millenium Edition and XP for eXPerience, Panorama should be abbreviated as PR. Thus, it could be called Windows PR.
For the initial release, it could be called Windows PR.0. Nice name; however, in accordance with the settlement with the EU, MS releases Windows without a media player and called that the "No media player" edition or simply "N". Therefore, in Europe, Windows Panorama could be called Windows PR.0.N. What a great name!
I don't get it. How was naming NT 5.1 "Windows XP" emulating Apple?
Understood; but trademark law largely ignores -intent-, which makes this point, while true, irrelevant to the issue of infringment.
;>
A more important issue is potential harm to the Vista trademark that may be caused by the use of the term Vista by Microsoft. Yes, it is planned to be 'Microsoft Windows Vista', however, history demonstrates that it -will- be shortened to 'Vista' in practice.
Vista has a legitimate concern here; it only needs to be determined if they can and should have any right of action against Microsoft. Especially since one of the deciding factors in US trademark law is how agressively you defend the trademark. If Vista -doesn't- take action, a subsequent court could rule that they have no trademark protection. They could even be ordered to stop infringing on Microsoft's use of Vista. 'Who used the name first' is not an important issue in trademark law.
IANAL; I just play one on the internet
Call it "Firebird"! Sounds pretty catchy, huh?
Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
Please moderate the AC post up. The whole vista stuff is way too suspicious.
Vista is a Redmond company so it would have been known by Microsoft. Of course, Microsoft would have checked to see who owned vista.com to see whether they violated the trademark.
The stuff with SCO is completely bizarre as well.
http://www.vistawindows.com.au/
And when Vista writes its own operating system named Vista OS, Microsoft can sue them for creating a similar product and using MS's product name.
With Microsoft money power I think Vista needs to be careful with the law suite.
They might end up being 'Vispire' otherwise.
If you don't succeed at first, try again. If you still don't succeed, try harder. If nothing works, try reality shows.
Vista Windows is an entirely different industry, so trademarks can overlap with no conflict. Vista software has a much better case.
Does anyone remember the hassles that Mozilla went through before we got the "Firefox" browser? They were butting up against other established trademark names *in the same industry*. True, a database and a web browser aren't the same thing (like an OS and a software services company aren't the same thing)... but they are in the same industry. Yes, it could be confusing to many people to read on www.vista.com that "New Vista Interchange software for small business now available on Windows Vista!"
Much more confusing than "Lindows" vs. "Windows", for sure....
"We think that the new version of Windows really deserved a name that was more representative of what it specifically brings to customers," he said. YEAH, RIGHT! So, when are we going to have Windows Security, Windows Stable, Windows Open? I better stick to kde.
Buanzo Consulting - 15 Years of GNU/Linux experience, for you.
>>> "why doesn't MS hire people who do these elementary steps"
;0)> ... for the curious OHIM is at http://oami.eu.int/en/default.htm
Of course they do. Just they hire others to calculate cost benefits versus court costs. They probably factor in the cost of buying some alterations to trademark law while they are about it.
Vista Window Company or Vista Windows
They should have a good chance to win a lawsuit against Microsoft Windows Vista.
I happen to work for a software company with Vista in the name... 'Vista Entertainment Solutions' and our product is marketed as 'Vista'. It has been since 1995.
http://www.vista.co.nz/
I'm not sure as to the extent this will affect us.
Years ago Tandy successfully sued Autoshack over a trademark infringement of the name "shack" suffixed on a name. Since then the very large auto parts has been known as Autozone.
"Windows" is a totally uncommon word ... NOT :-)
--
MS "kindly asked" Windows Commander (now "Total Commander") to be renamed
Windows Commander is now Total Commander!
Why this name change? In Summer 2002, we received a letter from attorneys representing the owner of the trademark "Windows". In this letter they expressed concerns that our usage of the name could lead to confusion with their own products. In particular, people could think that our program could be from their company. We were indirectly asked to change the name of our software.
Because "Windows" is registered as a trademark, we didn't want to risk a lawsuit, and decided to change the name. It's important to mention that we have been treated in a very fair way: There have never been any legal threats, and we could negotiate a transitional period until the end of the year. We ask you to consider this, and not to make any negative comments - especially in the forum. Because we are legally responsible for its contents, it could bring us into deep legal troubles. Please also do not contact us because of the new name. As a small company, we couldn't handle the big amount of messages. We will not give more information about the name change anyway.
... don't ask the "Windows team." This was a job for a trademark researcher!
Vista is also the name of a healthcare CPRS specialized OS developed in 1968 by the US government and released under FOIA (and later FOSS). http://www.vistasoftware.org/ It has been in continuous use since then in every VA hospital and most hospitals in other countries. It is also an integral part of the National Health Information Infrastructure, a ten year project to modernize our healthcare system.
Question: is Microsoft liable for any damages resulting from the use of Microsoft Vista and the CPRS VistA? After all, they would be implying a relationship by the similarity of the names.
Question: If you google Microsoft and Vista Software Alliance, you find a rather interesting adversarial relationship between the two organizations, notwithstanding that Novell is one of the Corporate Members and derives significant revenue from VSA Vista. Does this violate any of Microsofts antitrust agreements?
Question: VSA Vista is a healtcare product, whose advertising is regulated under the healtcare laws. That included generics, substitutables and soundalikes. Does the mere addition of a corporate name (like Microsoft) free Microsoft Vista from regulation under the healthcare advertising laws, since Microsoft Vista is capable of substituting for VSA Vista as a CPRS system?
Trailer Park Boys rocks!
Vista, n: a distant view through or along an avenue or opening Microsoft chose the name because they saw the idiotic customers coming from a long way off.
Windows 95
Windows 98
Windows 2000 and Windows ME
Apple comes out with Mac OS X
Windows XP
Windows 2003
One should ask why Microsoft decided to name NT 5.1 "XP" abruptly.
Coincidence...I think not! Other small changes to the XP GUI also reflect a Mac OS X influence.
They're in the same market - the software market. Vista makes software for small business. Windows Vista is an operating system for a PC (sort of...), which will be used in small business. Vista is facing brand dillution at the very least.
Case in point; one of my in-laws owns a small finance business who's moving off of SCO-Unix to Windows. Why? Because he was told by his technology guy that 'everything runs on windows' - not his programs, mind you, which all have to be re-written, but 'everything' [I didn't get it either...]. A year from now, if I told him about Vista, what are the chances his response will be 'yeah, that's what we're getting.'? Vista will have to work a lot harder for each sale because the small business owner (or his tech guy) will want to know what they have to do with windows. And when they say 'nothing' the business will become suspicious about why this company is trying to capitalize on Microsofts' good name.
A quick google searsh shows 4,260,000 web sites found using the search phrase 'world vista', 6,870 sites found using '"World Vista"' and 3,940 sites using 'worldvista'
One (obscure? - I don't think the US Government thinks so...) software related site is this sorceforge.net hosted site.
From their site:
WorldVistA is a charitable organization: a nonprofit, 501(c)(3) public-benefit corporation. WorldVistA was incorporated March 18, 2002 to measurably improve health worldwide by making medical software better and more accessible.
Note the specific reference to software. So how is Microsoft able to trademark this combination of words? It is already in use in the same industry, making it ineligable for trademark I thought.
Acts of massive stupidity are almost never covered by warranty. --me.
Yes indeed. Particularly since the version before was called OS IX...
> Naming is important
Indeed.
Whatever name Microsoft chooses, I just hope they don't choose Windows 360, and I have two reasons why: 1. Windows is not innovative; there is nothing "360" about it. Then again, that's how many spyware programs are running on my system. 2. The difference between a new Windows (with any name) and Microsoft's console is that people actually like the console
You're a prick, you know that?