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How Microsoft Takes a Name
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. "
He expected that Microsoft was acting in good faith and not threatening him because they simply wanted to take the full name outright, not merely protect the "Windows" trademark. I expect (and hope he has correspeondences in writing) that they lied to him. Microsoft does not have a trademark on "Windows". Microsoft has a trademark on Microsoft Windows.
Anyone else remember how Microsoft stole (used without permission) the Internet Explorer trademark held by another company? S.O.P.
Well, as the inevitable exploits appear for this product, I hope Windows likes being referred to as Windows Surrender. It has a nice zing to it.
this definitely is a stunning question ... what is trademarked and where do the limits go.
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:p)
if i invent a glass that can display computer graphics with a simple microchip besides it, make it work as a touchpad tablet pc and install it as a window on houses. can i call my product Windows ? cause they ARE windows, the real windows (not the crappy software of a company that's name suggestes that something is small and soft), but with a little extra.
nevermind the finger marks on the glass, mommy will wash these away
and what happened to Mike Rowe ? the dude that owned mikerowesoft website ? that doesnt even apply to trademark rules because it his his freaking name (poor dude) and he can't use it ?
next thing you'll see is an indian claiming trademark on the Apache and his friend ripping off the army with Comanche
WindowsCommander->TotalCommander, WindowsDefender -> TotalDefender ? (should be on the way
I'd tell you the chances of this story being a dupe, but you wouldn't like it.
1) Microsoft has a trademark on "Microsoft Windows" and this mark is used in connection with computer software.
As you said, "Microsoft Windows".
2) A computer software developer using the name "Windows Defender" voluntarily handed over the name to Microsoft.
It wasn't "voluntarily", he was threatened. Makes a huge difference.
"Windows Defender" could be argued to generate confusion in the market because when it comes to the word "Windows" with respect to computer software, most of the market (ie. John Q Citizen) is going to assume that it is a Microsoft product. This is the purpose of a trademark.
IMHO it couldn't generate confusion but in any case this is irrelevent. When we say that microsoft has a trademark on "Microsoft Windows" and not merely "Windows" we mean exactly that "Windows" by itself can be freely used. If we allow an argument of the style "X Windows", for all X, cannot be used because it generates confusion then what difference does it make from having a trademerk on "Windows"? Windows is a goddamn common word.
Microsoft just didn't respect the man's right to use the name and lied to him to *make him* give the rights. Ethically (and, I guess, legally in any countries) this is fraud!