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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.
Maybe they have registered under the software clausule?
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
Microsoft is presenting Vista as the answer to your media worries as well - UPnP out of the box etc. Claiming it's "only software" seems a bit narrow thinking.
it's in my head
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
But if a product is not even in the same market (OS versus Television station) there is no trademark infringement. Hence there is a company called prime which teaches truck driving and a company called prime that delivers medical services. Seems like a quick attempt to get money by somone who cane really make it themselves.
IANAL. There is no claim under trademark legislation as far as I can tell. It is unlikely that anyone would confuse a TV broadcast with software. IP is NOT protected under EU law per se. There can be copyright (which doesn't apply here) and patent (which also doesn't apply here). Bet he loses. And of course, being French there will be loads of US comment criticising his attempt. For once, it will probably be justified.
Have a look at soylentnews.org for a different view
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
That's the big problem with FOSSies: they don't have an actual moral compass, they are simply contrarian to anything Microsoft.
But fortunately there are people who believe what they believe for good reason... and we have no problem being on Microsoft's side when approprite, or in bashing Apple for their brutal monopolistic practices, or in criticizing Linux in contentedly chasing Windows 95's tail lights for over a decade.
In other news, I hear window makers are also going to sue Microsoft. The produce industry is going to sue Apple (both Apple AND Macintosh... it's a double whammy!). The aliens from both "Alien" and "Invasion of the Body Snatchers" will be suing Apple over the iPod. The estate of Charles Shultz is going to sue Linux over their bastardization of the character Linus's name. "The Honeymooners" will be suing Norton Anti-virus. The wine industry will be suing the creators of WINE. The dude from Pulp Fiction will be suing the creators of GIMP.
Oh, and villiage idiots from all over the world will be suing George W Bush for damaging their reputation.
Of course this is a troll - and see my earlier post about the expected US criticism because he is French. But you do realise that Mandrake was a French company founded by a Frenchman, don't you?
I'll bet you're in the US. Do they have intelligence there? Let the flames begin.
Have a look at soylentnews.org for a different view
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
Who tagged this 'Patents'? Indeed, why is it filed under 'Patent Pending'. This is intellectual property, sure, but not patents. Actually trademark law is fairly sane in terms of what it offers - a guarantee that goods really are provided by the people who claim to provide them. And as the summary points out, the same trademark can be used by different people in different areas of business.
He registered the name "Vista" for lots of things, including software, as you can see on this copy of the name deposit (in french of course) : http://elephant.pcinpact.com/images/bd/news/42182. png
You might rather send someone else in prison for this article since it is completely wrong ! Mr Gildas does indeed own a prior VISTA trademark registration in classes 9 and 42 for software !!! I published copies of the trademarks at stake on my blog : http://tinyurl.com/yo79wp Please check the facts !
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.
Also, if he didn't sue, I'm sure he'd be sued by Microsoft, after the release of his TV station. And when that happened, a judge might wonder why he didn't go for MSFT first.