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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. "
i have a product called 'windows creator'
am i infringing on microsofts trademark?
what was your answer?
my product makes small designer windows from flat glss for use in houses.
now am i infringing on microsofts trademark?
'windows' is a generic name and use of it does not constitute trademark violation unless the product is in the same market. 'windows defender' was obviously a product in the microsoft windows market so microsoft owned and had rights to the trademark. if the guy had named the product 'OS defender for windows' he would have been good.
(as a side note, i do not have this product, it is just an example!)