In Microsoft's way of taking over the world (continued) - Tilted Forum Project Discussion Community

Glad-I-Ate-Her · 01-21-2004, 01:55 PM

This is ridiculous that Microsoft would try to bully a guy from Canada named Mike Rowe from preventing him to create a website called "MikeRoweSoft." I hope this blows up in their face.

Linky:
http://zdnet.com.com/2100-1104_2-5143614.html

Microsoft: We took MikeRoweSoft too seriously
By Munir Kotadia
ZDNet (UK)
January 20, 2004, 9:30 AM PT

Microsoft says it may have been overaggressive in threatening Web entrepreneur Mike Rowe over the name of his Web site, Mikerowesoft.com.
Rowe, a 17-year-old student from Vancouver, British Columbia, registered Mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an e-mail from Microsoft's lawyers, asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10, which is the cost of his original registration fee.

However, after the case received widespread coverage on the Internet, Microsoft acknowledged that it may have taken things too far and promised to treat Rowe fairly. A representative of the software company told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case."

Under the law, Microsoft is required to take action to protect its trademark against widespread infringement. Struan Robertson, editor of Out-Law.com, a Web site that covers legal issues affecting information technology, explained that if a holder does not take action to protect its trademark whenever it is aware of a potential infringement, it risks losing that protection.

Robertson gives Hoover as an example of a trademark that has become a generic word for vacuum cleaning: "If you or I talk about hoovering our house, that is not an issue, but if Electrolux talks about hoovering, that is an issue," he said.

According to Robertson, Rowe may have a good argument for keeping the domain name, because it is his real name, and he isn't pretending to be affiliated with Microsoft. But he said Microsoft probably regrets getting involved with the case because of all the bad publicity it has generated.

"It is probably a very trivial issue for Microsoft, and I wouldn't be surprised if they regret getting involved with it. Microsoft may be prepared to pay him some money to make this go away, because this is not the kind of publicity that Microsoft wants to attract," added Robertson.

Microsoft hopes to resolve the problem in a way that is agreeable to both parties: "We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law," the representative said.

Glad

skysooner · 01-21-2004, 01:58 PM

Maybe I should change my name to Mike Rough. I could use some extra cash.

drawerfixer · 01-21-2004, 04:33 PM

ART's earlier thread on this

Mr.Deflok · 01-21-2004, 04:43 PM

Quote:

Originally posted by drawerfixer
ART's earlier thread on this

01-21-2004, 01:55 PM	#1 (permalink)
Glad-I-Ate-Her Junkie Location: 1 mile from Ground Zero	In Microsoft's way of taking over the world (continued) This is ridiculous that Microsoft would try to bully a guy from Canada named Mike Rowe from preventing him to create a website called "MikeRoweSoft." I hope this blows up in their face. Linky: http://zdnet.com.com/2100-1104_2-5143614.html Microsoft: We took MikeRoweSoft too seriously By Munir Kotadia ZDNet (UK) January 20, 2004, 9:30 AM PT Microsoft says it may have been overaggressive in threatening Web entrepreneur Mike Rowe over the name of his Web site, Mikerowesoft.com. Rowe, a 17-year-old student from Vancouver, British Columbia, registered Mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an e-mail from Microsoft's lawyers, asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10, which is the cost of his original registration fee. However, after the case received widespread coverage on the Internet, Microsoft acknowledged that it may have taken things too far and promised to treat Rowe fairly. A representative of the software company told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case." Under the law, Microsoft is required to take action to protect its trademark against widespread infringement. Struan Robertson, editor of Out-Law.com, a Web site that covers legal issues affecting information technology, explained that if a holder does not take action to protect its trademark whenever it is aware of a potential infringement, it risks losing that protection. Robertson gives Hoover as an example of a trademark that has become a generic word for vacuum cleaning: "If you or I talk about hoovering our house, that is not an issue, but if Electrolux talks about hoovering, that is an issue," he said. According to Robertson, Rowe may have a good argument for keeping the domain name, because it is his real name, and he isn't pretending to be affiliated with Microsoft. But he said Microsoft probably regrets getting involved with the case because of all the bad publicity it has generated. "It is probably a very trivial issue for Microsoft, and I wouldn't be surprised if they regret getting involved with it. Microsoft may be prepared to pay him some money to make this go away, because this is not the kind of publicity that Microsoft wants to attract," added Robertson. Microsoft hopes to resolve the problem in a way that is agreeable to both parties: "We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law," the representative said. Glad __________________ I'm "Glad I Ate Her" because the payback was worth it!!

01-21-2004, 04:33 PM	#3 (permalink)
drawerfixer Stonerific Location: Colorado	ART's earlier thread on this __________________ They that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. - Benjamin Franklin

01-21-2004, 01:58 PM	#2 (permalink)
skysooner Registered User Location: Oklahoma	Maybe I should change my name to Mike Rough. I could use some extra cash.