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Microsoft Windows' new Vista | |
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| Time: 13:56 EST/18:56 GMT | News Source: Seattle Times | Posted By: Andre Da Costa | ||
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By naming the next version of Windows "Vista," Microsoft may have stepped on the toes of another software company just down the road in Redmond. That would be Vista, a business software and services company founded in 1999 by John Wall. He was not amused when Microsoft announced its choice yesterday, setting the stage for a massive rollout when its flagship operating system goes on sale in fall 2006. Wall, a well-known technology executive in the area who earlier founded Wall Data, is examining whether the name violates the trademark his company has held for six years. He plans to raise the issue with Microsoft, a company notoriously protective of its own trademarks, and may take the issue to court. "We're going to consider our options and talk to them," he said tersely. | ||
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| #1 By 1896 (68.153.171.248) at 7/23/2005 2:25:07 PM |
| Well I would assume that before deciding for "Vista" MS people made their homework; also if I rememebr correctly the new logo includes the "TM" for trademark which means that they obtained it after applying with the competent offices. |
| #2 By 1896 (68.153.171.248) at 7/23/2005 2:28:18 PM |
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#2 Actually if they applied and actively used in commerce that name they could end getting a lot of money :-). The second link in particular shows that the company has the "R" which means that they have succesfully registered it. This post was edited by Fritzly on Saturday, July 23, 2005 at 14:30. |
| #3 By 3653 (68.52.165.46) at 7/23/2005 3:10:21 PM |
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The company in the story might or might not have a claim. But http://vistawindows.com/ has zero claim. We've discussed this on ActiveWin ad nauseum every year. Basically, the window treatment company has no appeal because MSFT's use has no chance of causing "confusion in the marketplace". No reasonable person will confuse an operating system and a window treatment. Another example might be apple's use of "pod" and it not confusing the market for PODS portable storage.
This post was edited by mooresa56 on Saturday, July 23, 2005 at 15:12. |
| #4 By 1896 (68.153.171.248) at 7/23/2005 4:04:32 PM |
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Who said that http://vistawindows.com/ would claim against MS? Eventually it could be MS that does not want other companies to use the name Vista and not the opposite. Don't forget that MS trademarked "Microsoft Windows" and not the word "Windows" itself; yes they could go after software companies using the name "Windows" because they operate in the same sector but you could surely start a company making windows and trademark it if someone, oerating in the same sector, has not done it yet.
Furthermore, as general rule, when you register a domain you also try to register as many as possible of the similar ones. Btw not to downplay ourselves and ActiveWin but I am afraid that what we discuss here is totally uninfluential. Trademark infringements cases are worth billion of $ and I think that any of us is part of the magic ring of people who benefit from it. For sure I am not, unfortunately. Still I am very surprised that MS had not arranged in advance some kind of deal with the software company mentioned in the story. What would happen if IBM or some other big guy decide to buy it and its name? |
| #5 By 665 (67.185.98.5) at 7/23/2005 7:30:02 PM |
| I think the term "Vista" is generic enough that people are going to have trouble getting any money out of a lawsuit... not that that will stop people from trying... |
| #6 By 2459 (69.22.124.157) at 7/24/2005 2:08:25 AM |
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Fritzly, Microsoft has trademarks on both "Microsoft Windows" and "Windows".
http://msdn.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx http://tess2.uspto.gov/bin/showfield?f=toc&state=n2pd2k.5.1&p_search=searchstr&BackReference=&p_L=500&p_plural=no&p_s_PARA1=Windows&p_tagrepl%7E%3A=PARA1%24ALL&expr=PARA1+and+PARA2&p_s_PARA2=Microsoft&p_tagrepl%7E%3A=PARA2%24ON&a_default=search&a_search=Submit+Query |
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