How Microsoft Takes a Name

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Posted by ryuzaki0 on Wednesday November 9, 2005 @02:01AM from the wow-thats-just-slimey dept.

An anonymous reader writes "According to a report in the "Seattle Post-Intelligencer," the Windows Defender name was already being used by an Australian developer, Adam Lyttle. His Windows Defender product protected Windows users from malicious Web sites. Adam Lyttle told the Post-Intelligencer's Todd Bishop that Microsoft contacted him a month ago, charging him with infringing on the Windows trademark but neglecting to mention that the software giant wanted to use the "Windows Defender" name. Lyttle subsequently signed over rights to the name to Microsoft and was "shocked" when he later learned the company intended to use the name for one of its own products. "

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Just like they did with Windows Commander by Synli · 2005-11-09 02:08 · Score: 5, Informative

Windows Commander is now called TotalCommander. Guess why.

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"Two things inspire me to awe -- the starry heavens above and the moral universe within." - Albert Einstein
and the winner is... by evanism · 2005-11-09 02:10 · Score: 1, Informative

and... why does an Australian see this devious, duplicitious, nasty act as anything more than what would be expected out of any other backstabbing price gouging lawyer-empolying typical firm?

Australia is the dumping ground of vicious IP. The USA is second rate compared to ours, for we stil have the meat still between our teeth!.

If you wish to see the most visious blood baths of stageringly high cost litigation, simply review any NSW case in the past 18 months.

Satan would be proud!

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Re:Hmm by pubjames · 2005-11-09 02:19 · Score: 4, Informative

A trademark is a trademark.

What the hell is that supposed to mean. Just because Microsoft has registered "Windows" as a trademark doesn't mean there aren't lots of legal ways you can use the word, especially with it being just a generic word.
Re:Hmm by Rakshasa+Taisab · 2005-11-09 02:19 · Score: 5, Informative

Sure, but Microsoft does not have a trademark on the word Windows, not in this nor any other domain. They got Microsoft Windows trademarked. Windows is, and has been for a long time, a generic word in the computer field.

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Re:sign of the times by Jason+Earl · 2005-11-09 02:58 · Score: 5, Informative

Heck, if he had been paying attention he would have realized that "Windows" isn't a registered Trademark, but that "Microsoft Windows" is instead. The trademark-ability of "Windows" featured prominently in Microsoft's case against Lindows. Microsoft *paid* Linspire over $20 million to stop using the "Lindows" trademark.
Ohh yeah, fight MS...... by Ancient_Hacker · 2005-11-09 03:03 · Score: 2, Informative

Lesse, on the one side we have one guy, with probably less than six digits to spend fighting lawsuits.
On the other hand, MS probably has a couple floors full of lawyers with nothing else to do. They could send planefuls of them, to sue the poor guy in disparate jurisdictions and countries.
Given that scenario, is there any doubt who's gonna win, never mind the facts?
Re:Hmm by Darkraven251 · 2005-11-09 03:07 · Score: 2, Informative

From my understanding Microsoft doesn't have "Windows" Trademarked but "Microsoft Windows" trademarked. I remember when they were trying to trademark "Windows" that it was Rejected due to it being too comman a word.
Re:Okayyy by bill_mcgonigle · 2005-11-09 03:35 · Score: 4, Informative

Microsoft didn't "deceive" anybody.

How do you figure - according to TFA they told him he was violating trademark laws when he wasn't.

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Re:Um... by Formica · 2005-11-09 04:13 · Score: 4, Informative

Microsoft does have the trademark to the word "Windows" in Australia, where this happened. You can search the Australian database to confirm that: http://pericles.ipaustralia.gov.au/atmoss/falcon.a pplication_start
Re:Um... by pornking · 2005-11-09 04:51 · Score: 5, Informative
Of course. Bash Microsoft and you get modded up to 5.
1. Microsoft decided they want to name a product Windows Defender.
2. They discover that someone else is using the name.
3. They inform this guy that he is infringing on their trademark.
4. He decides not to challenge them.
5. He signs over all rights to the name.
6. Microsoft announces Windows Defender.
You claim that Microsoft has no trademark on Windows. That's irrelevant. The guy decided not to fight.
According to the article, he probably was infringing on their trademark. Microsoft is under no obligation to reveal their product plans to anyone least of someone in a position to potentially profit at their expense.
Now, the guy's bitching that they didn't tell him while insisting that he would not have wanted a cut. Sounds like sour grapes to me. Now he's acting like he got the shaft while insisting that he would have given them the name freely if they had just trusted him with their confidential marketing plans.
He lost nothing that he wouldn't have given up freely, (he claims) while gaining publicity and some misguided sympathy.
Some people just have no class.
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pornking
Re:Um... by Arker · 2005-11-09 05:45 · Score: 5, Informative

Windows alone, even in the realm of computer is in NO WAY specific to Microsoft. Every system with a GUI has Windows, and there were many such systems long before Microsoft even had a GUI themselves. There's a reason they wound up paying Lindows to rename...

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Re:Um... by AstroDrabb · 2005-11-09 05:53 · Score: 4, Informative

The MS trademark(R) on Windows was upheld in Europe when they were trying to force Linspire(formerly Lindows) to change their name. However, in the USA, injunctions were rejected and rulings were handed down that could have limited Microsoft's ability to defend the Windows trademark. So the MS lawyers feared losing the Windows(R) trademark in the USA and dropped the case in the USA and paid Linspire(formerly Lindows) to change their name and hand over the lindows.com domain(s). Some of this information comes from here. You could also search Google to see a bunch of news on the Lindows vs Microsoft case.
Oh, and origianlly in 1993, the USPTO rejected the Windows mark:
the term Windows is widely used, both by the public consumers, and the relevant industry, to name a class of goods or a type of software, that is, a genus of goods, referred to as windows programs or windowing software. The term Windows was in existence and known prior to adoption by the applicant. Since the term is a generic designation for the applicant's goods, then, no amount of evidence of de facto secondary meaning can render the term registrable.

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Re:sign of the times by Rudolf · 2005-11-09 08:52 · Score: 4, Informative

Heck, if he had been paying attention he would have realized that "Windows" isn't a registered Trademark, but that "Microsoft Windows" is instead.

I don't know about the rest of the world, but that's certainly not true in the United States. Looking at the trademark database at the USPTO website shows that Microsoft Corporation holds the trademark "Windows"

Registration number is 1872264, serial number is 74090419.

http://www.uspto.gov/index.html

Microsoft is the corporation everyone loves to hate, but at least let's keep the facts somewhat straight.
Re:Um... by HardCase · 2005-11-09 09:49 · Score: 2, Informative

Microsoft has a trademark on the term "Microsoft Windows" because they were denied a trademark on the term "Windows."

Really? From the USPTO:

Word Mark WINDOWS Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer programs for use in automobiles, namely, computer programs for monitoring automobile performance, for mapping and navigation, for electronic mail and wireless communications, for maintaining personal directories, contact lists, address and telephone number lists; operating system programs and utilities; computer programs for wallet-sized personal computers, namely, personal information manager programs with calendars, contact information files and to do lists; programs for facilitating voice, text and pen input; access programs for global communication networks; computer programs for accessing global communication networks and displaying content therefrom; and computer programs for use with hand-held computers, namely, operating system and utility programs; a full line of business application programs for use with hand-held computers. FIRST USE: 19840000. FIRST USE IN COMMERCE: 19840000 Mark Drawing Code (1) TYPED DRAWING Serial Number 75980682 Filing Date October 10, 1996 Current Filing Basis 1A Original Filing Basis 1B Published for Opposition April 28, 1998 Registration Number 2565965 Registration Date April 30, 2002 Owner (REGISTRANT) Microsoft Corporation CORPORATION WASHINGTON One Microsoft Way Redmond WASHINGTON 980526399 Attorney of Record WILLIAM O. FERRON JR Prior Registrations 1872264;1875069;1989386;2005901;AND OTHERS Type of Mark TRADEMARK Register PRINCIPAL-2(F) Live/Dead Indicator LIVE

And from IP Australia:

Word: WINDOWS Image: Lodgement Date: 23-APR-1992 Registered From: 23-APR-1992 Acceptance Advertised: 04-APR-1996 Registration Advertised: 21-NOV-1996 Sealing Date: 04-NOV-1996 Renewal Due: 23-APR-2012 Class/es: 9 Status: Registered/Protected Kind: n/a Type of Mark: Word Endorsement Owner/s: Microsoft Corporation a Washington corporation One Microsoft Way Redmond Washington 98052-6399 UNITED STATES OF AMERICA Address for Service: Davies Collison Cave GPO Box 3876 SYDNEY 2001,NSW Goods & Services Class: 9 Computer systems software, computer systems software and programmers reference and users manuals sold as a unit

-h-
Re:Windows deserves bashing by vinn01 · 2005-11-09 10:10 · Score: 2, Informative

Windows is inherently vulnerable. I consider that a fact.

I've recently had fully patched and up to date Windows systems (with an anti-virus package and firewall) get spyware loaded on them via Active X. Granted, spyware is not a virus or a worm, but it's a security breach.

In the past, I've had fully patched and up to date Windows systems (with an anti-virus package and firewall) get a virus before the my anti-virus vendor had a signature for the virus.

To say that it only happens to clueless people with unpatched machines is a lie. And no Microsoft fanboy is gonna change that.
Re:Um... by snookums · 2005-11-09 11:17 · Score: 2, Informative

I found another one from IP Australia that's better yet!
If Geetha Premaratne grants this one then we might as well all pack up and go home.

Word: WINDOWS Image: Lodgement Date: 01-APR-2005 Acceptance Due: 27-SEP-2006 First Report: 27-JUN-2005 Class/es: 6 Status: Under Examination - Extension Fees Not Required Kind: n/a Type of Mark: Word Examiner: Geetha PREMARATNE Owner/s: Microsoft Corporation One Microsoft Way Redmond, Washington 98052-6399 UNITED STATES OF AMERICA Address for Service: Davies Collison Cave GPO Box 3876 SYDNEY 2001,NSW Goods & Services Class: 6 Metal building materials; common metals and their alloys; doors; screens

Yes folks, they are trying to trademark the windows that go in the walls of your house.

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