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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."
Maybe they have registered under the software clausule?
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
I can't believe I'm siding with Microsoft against a trademark troll. Time to turn in my geek license.
Kwisatz Haderach
Sell the spice to CHOAM
This Mahdi took Shaddam's Throne
Try making a Software company called Walmart. What would happen with that?
From its inception to version 8.0, Mandrake named its flagship distribution Linux-Mandrake. From version 8.1 to 9.2 it was called Mandrake Linux. In February 2004 MandrakeSoft lost a court case against Hearst Corporation, owners of King Features Syndicate. Hearst contends that MandrakeSoft is infringing upon King Features' trademarked character Mandrake the Magician. The word Mandrake is not unique to the King Features character, and MandrakeSoft was appealing the decision.
Things aren't as clear cut as you seem to think. Trademarks will normally only ever apply to the domain in which they are registered; however, in exceptional circumstances this requirement can be waived; this was done, for example, to prevent the use of the Microsoft name as a furniture shop. It was felt (in my opinion rightly) that piggybacking off someone else's trademark like this would be unreasonable.
Objecting to the use of his trademark for most software programs would be unreasonable, but I can see grounds for Vista being considered differently; although his trademark refers to a different market, the influence of the Windows brand is sufficient to totally destroy any connection between "vista" and "Télé Vista". By becoming so dominant, Microsoft have created an extra burden of care for themselves. I don't think it's unreasonable to expect people to be more thorough in their trademark checks when their trademark will be waved in front of billions of people than when creating something rather more modest.
And what about this:
http://www.tombrennansoftware.com/
That guy should have sued a long time ago.