Microsoft is at it again

[Sluttypatton]

It would seem that Mircosoft is intent on justifying the "bully" stereotype that they have created for themselves. This story, so deeply troubles me that I don't think I will continue to buy Microsoft products.

"Soft War
Langford student battles tech giant over use of his domain name: mikerowesoft.com
Mike Rowe, a Langford high school student who does Web site design part-time, is locked in a legal battle with one of the world's biggest companies.
Seattle-based Microsoft Corp., which has a market value of $300 billion US, wants him to give up www.mikerowesoft.com as his Internet domain name.
Through its law firm in Canada, Microsoft has offered $10 US, which is what Rowe paid last August to register the domain.
The Seattle-based company claims copyright infringement of its name.
The 17-year-old Grade 12 student at Belmont is taking math and chemistry this semester and hopes to study computer science at the University of Victoria next fall.
"I didn't do this to make money," Rowe said Friday.
He's serious about trying to keep his online name out there in cyberspace but also admitted "I'm having a little bit of fun."
He thought it would be a "cool" name for his business since it had his name in it and "the same phonetic sound as the famous company Microsoft."
Rowe has been working on computers since he was 11 and last year earned $1,000 designing Web sites.
A big part of it was a prize for a professional-looking U.S. bulletin board Web site called wholycow. com, on holistic health issues. Way down at the bottom, the site credits Mike Rowe Soft Design.
Rowe also created a new site for Sooke school district and a template for a Belmont High School online history.
One of his teachers, Miriam Vos-Guenter, praised Rowe. "He's a great student, and a nice kid, really nice."
He's quiet, ahead of much of the class in skill level and picks up new concepts fast but "he's not the typical computer nerd stereotype."
She wonders why a big company like Microsoft would pursue him.
"I don't know why. It's one of those coincidences of life. That happens to be his name," she said.
It took a while for Microsoft to come after Mike Rowe Soft, but on Nov. 19, Rowe got an e-mail from law firm Smart & Biggar, claiming he was infringing copyright and demanding that he transfer his domain name to Microsoft.
Rowe said he was baffled by the e-mail but thought it was funny too that Microsoft would go after a teenage Web designer.
He replied asking for some financial assistance for losing the name and site and told the lawyers how much work he put into the business. He countered the original $10 US offer, saying he should be paid at $10,000 to help cover the costs in setting up his business.
This week, a fat package of correspondence was couriered to Rowe's home, which claimed that all along his intention was to extract "a large cash settlement."
Customers of Microsoft could also be confused by the mikerowsoft Web page, the letter said.
That doesn't make sense, said Rowe, as the Seattle software giant doesn't do Web page design, although it sells software for that purpose.
Victoria intellectual property lawyer Dawn Wattie said Rowe's chances against the Microsoft legal machine probably "aren't very good."
Mostly, the little guys lose, she said.
Rowe said the publicity will help his small business, but conceded he may end up on the losing side.
Others have tried Microsoft lookalike domain names such as microsof.com and micr0soft.com but lost the fight. Someone in Russia used microesoft.com for a while but had to shut down.
In one case, an arbitrator said the Microsoft trademark is world famous and the company has developed an enormous amount of goodwill in the trademark."


I hope that there will be so much bad publicity resulting from this that they will just leave it alone. After all, they registered Microsoft as their trademark, not Microsoft and every word or combination of words that sounds like it.

[MagicRat]

We all feel sympathy for the little guy and all, but the law is pretty clear, at least in this country.
Microsoft would win, in the eyes of the law, and they likely will have to go to court. It would be easier in the short run to buy the rights to the name, but what happens the next time?
They will want this case to be public, even if they look bad, as a deterrent for others who might try the same thing for a cash settlement.

There have been lots of examples of this in the past, where big firms have refused a name purchase in fear of setting an example for others to make money.

[Sluttypatton]

Your right, and I don't doubt that Microsoft will win. I guess I should look at it from their point of view too, and realise that they are running a buisness, and are merely trying to protect that buisness. I just don't think anyone would ever mistake Mike Rowe's buisness as one that has anything to do with it's phonetic brother. I think that they've gone over the top, but hey, any publicity is good publicity right? I guess a lot of people will probably be visiting his website now, more buisness opportunities for the young guy. The only thing I think that sets this aside from other similar cases is the fact that it's his name, and while there is an obvious allusion to the megacorporation, it is nowhere near easy to mistake the two. It's not as if his soul purpose in naming his company were to leech off of the image that Microsoft had worked so hard to build. It's just a clever play on words involving his name.

[MagicRat]

The publicity is very good for Mike, and I am happy for him. Even Microsoft wants this publicity if just to scare others into not doing anything.

It is a clever play on words and while it is his name the soft part isn't
However, you are correct in that some people with well know names cannot use them for this reason.
There was a bar in Denver named 'Jeeps' and had this name since the early 1940's. It was based on a charater in 'Popeye' or something.
Anyways a few years ago, Chrysler sued them and won, They had to change their name after 50 years, dispite the fact they had it before jeep was a brand name and dispite the fact that no one would mistake a bar for a truck.

[Flatrater]

Originally Posted by Sluttypatton

Your right, and I don't doubt that Microsoft will win. I guess I should look at it from their point of view too, and realise that they are running a buisness, and are merely trying to protect that buisness. I just don't think anyone would ever mistake Mike Rowe's buisness as one that has anything to do with it's phonetic brother. I think that they've gone over the top, but hey, any publicity is good publicity right? I guess a lot of people will probably be visiting his website now, more buisness opportunities for the young guy. The only thing I think that sets this aside from other similar cases is the fact that it's his name, and while there is an obvious allusion to the megacorporation, it is nowhere near easy to mistake the two. It's not as if his soul purpose in naming his company were to leech off of the image that Microsoft had worked so hard to build. It's just a clever play on words involving his name.

I can understand this! You are saying this guy's web site would never get confused with Microsoft, I say how can it not. Microsoft writes software, Mike Rowe writes web sites they are related. They can be confused! This is called the American way, it is how a company gets bigger,richer, and stays that way!

Microsoft's programs are some of the best around they have the money to do it! The rest of these companys are whining because Microsoft does it better and makes more money then them!

[Sluttypatton]

One would have to be illiterate to be inable to differentiate between the two.

[taranaki]

Microsoft is a multi-billion dollar brand.The slightest slur on their name could cost them big dollars.They have no guarrantee that this guy is a competent and responsible trader,and the idea that people are snickering at their empire because some comedian chooses to mimic the brand name that they have spent millions promoting must really irritate them.

If I ever got to the position of owning a reputable and widely-known business,I'd take steps to protect my advertising,too.

[asterox]

Being in tech the kid should have known better. At least he didn't piss off the RIAA.

[YogsVR4]

The kid had his fun, but he should give it up and move on. M$ should give him the ten bucks and some technical assistance in moving his stuff to a new domain.