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Vista Trademark Holder Sues Microsoft
Liam Cromar writes "Philippe Gildas, a French television presenter is suing Microsoft for 'violation of intellectual property' — in particular the use of the 'Vista' trademark. It appears that Gildas registered the trademark two years prior to Microsoft's application, planning to use the trademark for a new television channel, Télé Vista, which was to be launched later this year. Apparently, Gildas believes that Microsoft's 'hogging of the limelight' presents an 'obstacle to the launch'. Gildas has not, however, registered the Vista trademark in categories of activity 9 and 42, which cover software. With this in mind, his case might be hard to prove."
It really hurts me to take microsoft's side.
Given that he registered the trademark a different category and could have a hard time arguing his case because of it, this sounds like a publicity stunt to garner some attention to his service before launch. After all, his complaint is that MS Vista is hogging the limelight; this will get him some of that limelight.
"No one likes working in a hamster wheel, and your shop smells of cedar shavings from here." - TaleSpinner
Microsoft will use the same tactic... keep the case tied up in the courts until the small company runs out of money and goes bankrupt... after which they'll "buy" the trademark from them by handing them a settlement check that will leave the company out of business, but not in any kind of debt.
When compared to these smaller companies, Microsoft has infinite resources... so they just take and use what they want when they want to... but (whatever Deity) help you if you try to just out-and-out use one of their trademarks or something extremely close to one of their trademarks for something.
OCO is Loco
Gildas is an old pillard of French TV (married with a tv/radio host around his age), he started being on the air before TV was in color at a time where France was still using 110v for it's appliances.
He already manages and is deeply involved in the biggest private TV channel (Canal +). He produce a lot of stuff. He is in no way in need of any publicity for his channel, especially since his vista channel is aimed at French old people. Who never heard of the intarweb and are happy with their minitels.
So the frivolous lawsuit is in this case is really far fetched. He got a product name, want to protect it. He heard of microsoft because he might use it on his fancy color typewriter they gave him at the office. But that's all.
I'am not saying he's a poor good guy. He's a business shark. But from the old world and laught at words like neteconomy, VC capitals and may never have heard of the word web 2.0. He make his money the old way, it works for him, its not at his age that he will change.