Slashdot Mirror
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."
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
*nod* as much as I hate Microsoft due to their anti-customer stance in recent years, Microsoft is TOTALLY in the clear on this.
Hey dumbass! (Philippe Gildas, this means you)
Trademarks apply only in the very specific industry categories in which they are registered, and in order for the trademark to be protected, you must aggressively enforce your trademark as soon as you find any infringement (outside of fair use that is). For example; if there is no Microsoft-brand toilet paper and there is a trademark category covering toilet paper products, you can actually register a microsoft-brand toilet paper and market it as Microsoft-brand toilet paper, and be TOTALLY in the clear of any infringement against Microsoft's trademark. If you make your logo, etc. similar so as to intentionally confuse people in the marketplace and lead them to think you are associated with Microsoft of Redmond, WA, then it becomes infringement even though you would be otherwise legally clear. You have to go out of your way to confuse people though, for a legal infringement to take place.
Philippe Gildas, I hope they (Microsoft) countersue and own you in the end. You embody everything that is wrong in today's business world.
The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
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 !