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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.'"
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
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...
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.
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
what http://vistawindows.com/ is gonna do.
How many people say "Windows XP" as opposed to just "XP"? I'd bet that after "Windows Vista" comes out there won't be a single techie mentioning the name "Vista" in a conversation about computers without connecting it with Windows. I can't see how there *wouldn't* be confusion for the customers or potential customers of Vista.
with (as I understand) an entirely different product in a non-competing market.
Yes, but I don't think that matters that much because both companies produce software products.
For example, I called my cool new Windows spreadsheet program "SuperLinux", I would not be surprised if Linus Torvolds' attorney served me some papers. Just the fact that the products are both software would be confusing to everyone. (And maybe when the shoe is on the other foot, the slashbots will understand what I'm talking about.)
Just imagine the sales calls:
"Hi this is Fred from Vista Software"
"Un, you mean like Windows Vista??"
"That's only the 10th time I've heard that today."
The thing is that a good brandname is worth zillions of dollars. I'm sure MS was fully aware of these guys and just figured they were small-fries that could easily be bought off. (And , I'm sure that Apple though the same way about TigerDirect, The Open Group, Apple Records, etc.)
Whenever I hear the word 'Innovation', I reach for my pistol.
Good point (both of you who have replied so far); However, I have 2 arguments.
One, as far as marketing goes, you should always pick something attractive that is going to appeal to your target audience. Microsoft, I'm assuming, is targetting the home user with little desire to learn computing; They want to just do it. My premise could be flawed, but I'm sure MS has something similar in mind if not that. Anyway, "Vista" isn't exactly something I would peg as attractive, or common to the desired userbase. While the meaning is good, I believe that not only should the meaning be fitting, but also the visual and audible flow. For instance, "pulchritudinous" doesn't really look or sound like a word that describes beauty. If I called someone I didn't know pulchritudinous, I would probably get called something else quite the opposite.
Second, many people think in numerical versions; Rocky comes in numerical order, sports cames usually have a year in the title, and multi-movement musical pieces usually include a number designating which movement it is (certainly not always the case, though). Newer people then have to actually make an effort to figure out which is newer when it comes to Windows versions - It can get pretty tough.
Not saying I don't think your argument is valid, but I do think there are a few more variables to the marketing equation MS is faced with.
"Better to be vulgar than non-existent" -Bev Henson
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
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.
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...
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
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.
Hmm, I may be confusing the issue, and obviously trademarks aren't the same as software liscensing, but couldn't Vista the company defend their trademark yet allow Microsoft the company to use Vista's trademark, with the understanding that Microsoft couldn't claim it as their own to harrass other companies or people? Even if it wasn't a commercial liscense (and they would be fools to not, given the given success of Windows Vista) it would still be cool to preemptivly prevent Microsoft from being dicks, yet again :) I mean Vista is a common English word, but not as common as other english words, like "Word" or "Window". :)
OK, so if the two parties have wildly different products, there's usually no problem. This is how Apple and Apple Records settled - Apple Records agreed to let Apple use the name, on the condition that Apple wouldn't produce music, and presumably Apple Records wouldn't make computers. I suspect there's some fancy footwork going on to get over any objections over iTunes & iPods...
Now, with Vista being a software house, and Windows Vista supposedly being actual software (eventually), there's a lot of scope for confusion. Vista's products could be tainted by Microsoft's track record on screwing stuff up. If Vista ever wanted to market a product called Windows Vista, that's definitely a problem...
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.
http://www.microsoft-vista.info/
Until i get sued enjoy, hopefully redhat gets some buisness.
Clearly "Windows Vista" is not the same as "Vista" the software company. It's doubtful anyone is going to confuse them.
.. social club etc) to join in the claim.
I'm waiting for Buena Vista (distribution, winery,
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
-truth
I had a steady B+ in my AI class until I failed the Turing test...