Vista Trademark Holder Sues Microsoft 209
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."
So conflicted.... (Score:4, Insightful)
Does it hurt your zealotry street cred? (Score:2, Insightful)
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 indu
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I would like to see a million people file frivolous lawsuits against MS till they run out of money to pay their lawyers to sue people for their use linux IP.
You obviously lack reading comprehension skills. (Score:2)
i.e. he believes they are in the right, thus he does the honest thing and sides with them.
But, and this is a big but, it always hurts when somebody who you consider despicable is found out to be in the correct side of a given issue.
Our moral compass is right, thank you very much (frivolous law suits against anybody, including MS, should not exist in an ideal world), your strawmen, cinycism and reading comprehension skills could do with a brush up.
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Re:So conflicted.... (Score:5, Informative)
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.
Re:So conflicted.... (Score:4, Informative)
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Is this case in the US or France? I don't know France's trademark law so if it is there then everything I've said could be incorrect.
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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.
Note to self, investigate possible market among techies who would like to wipe their asses with Microsoft.
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Objecting to the use of his trademark for most software programs would be unreasonable, but I can see g
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No idea if they did or not.
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What was that saying?
"The enemy of my enemy is my friend."
Seemed to work for the Allies and Soviets during WWII. Never mind the problems afterwards...
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Apparently in Latvian "Vista" means "Hen". I dare say they will "lay" into them for that. Or hatch another name.....
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Yeah... (Score:3, Interesting)
Maybe they have registered under the software clausule?
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I already registered it... (Score:2)
Software? (Score:2, Insightful)
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Re:Software? (Score:5, Informative)
Not if it isn't registered as such, it isn't.
Look, the law is what it is. You can say whatever you want about what people might think about a TV station named "Coke"; if Coke (whichever one) hasn't registered the trademark for that purpose, then they have no claim over it.
There are plenty of examples of different companies using the same trademark. Westinghouse, for example - the maker of Westinghouse TV's is a wholly different company than the maker of, say, Westinghouse solar landscape lighting kits. It really doesn't matter if the TV maker is afraid that the solar light company is sullying their reputation; if they didn't register the trademark, then they didn't register the trademark.
Most large companies will register as many trademark uses as they can think of for just this reason. They're smart enough to realize this. Here is, for example, the defined uses on just one of Coca Cola's many trademarks on the word "Coke":
Board games; checker sets; playing cards; card games; puzzles; balloons; hand held unit for playing electronic games; Christmas decorations and accessories of all kinds, namely, Christmas tree skirts, artificial Christmas garlands; Christmas tree ornaments; Christmas stockings; Christmas tree decorations; snow globes; sporting equipment and accessories for soccer, namely, soccer balls; sporting equipment and accessories for golf, namely, golf balls, golf tees, golf ball markers, ball cleaners, golf putters, divot repair tools, golf bags; sporting equipment and accessories for skating, namely, in-line skates, skate boards; elbow pads for athletic use; knee pads for athletic use; shin pads for athletic use; badminton game playing equipment; sporting equipment and accessories for fishing, namely, fishing lures; billiard cues, billiard balls, billiard game playing equipment and accessories, namely billiard bridges, billiard bumpers, billiard chalk, billiard cue racks, billiard cushions, billiard nets, billiard tables, billiard tally balls, billiard tips, billiard triangles, cue sticks for billiard or pool; snow sleds for recreational use; pinball machines; sport balls; toy vehicles; toy electric trains; toy model train sets; train set accessories, namely, artificial trees, turf, foliage, ballast, buildings, figurines, billboards, lichen and grass; toy banks, toy mobiles, multiple activity baby toys; dart board cases; dart boards; dolls and accessories therefor; plush toys; yo-yos; flying discs; inflatable toys
Another one:
Plates; cups; drinking glasses; tankards not of precious metal; mugs; tumblers; drinking steins; pitchers; decanters, goblets; ice buckets, coasters not of paper and not being table linen; serving pieces, namely, serving tongs, serving platters; serving trays not of precious metal; salt and pepper shakers; condiment holders, sugar dispensers and basins, toothpick holders; napkin holders; dispensers for paper towels; holders for facial tissue; fitted picnic baskets; trivets, cookie jars; canister sets, storage containers for household and kitchen use not of precious metal; party bowls; floral containers; bottle openers; straw dispensers; dinnerware, bottles sold empty; dishware, namely, plates, bowls, cups and saucers; creamer pitchers; candy dishes; spoon rests; flower pots; corn cob holders; cutting boards; cookie cutters; candle holders not of precious metal; bread boxes; bird houses of wood; cooking utensils, namely, grill covers; utensils for barbecues, namely, forks, turners; stove burner covers; recipe boxes; coffee pots not of precious metal; tea pots not of precious metal; utensils fo
Re:Software? (Score:4, Informative)
Not exactly. You've made a reasonable and partially correct argument, but the grandparent poster was not wrong.
The Federal Trademark Dilution Act of 1995, even as amended in 2006, lets entities who own famous trademarks bring trademark infringement suits against others who use that mark in other classes of goods and/or services even if the owner does not market products within those classes themselves. 15 U.S.C. 1125(c) [cornell.edu] The 2006 amendments narrowed the scope of famous marks because every Tom, Dick, and Harry claimed that their mark was famous or had 'niche' fame, but you're arguing about the granddaddy of all marks, "Coke."
Normally you develop a trademark by actively marketing goods and/or services, and your trademark rights are limited to uses of the mark in association with similar types of goods and/or services. However, trademarks like "Coke" have enormous recognition and value, and the Coca-Cola Corporation cannot reasonably be expected to actively market goods or license the marketing of goods in every conceivable commercial sphere, even if it wanted to. (Coke brand sex toys, anyone? I think not.)
Coke, Ford, Gucci and the like are trademarks that are so distinctive that the rights holders do have the ability to argue 'we're so big we own [most of] the brand uses of the mark' and win. Contrary to what some have suggested in their comments, the owner of a famous mark does not own all uses of the word itself, coke is still a fuel for the production of steel or slang for cocaine and Ford is still a president or a shallow crossing point in a river, but not even the Coca-Cola Corporation has to pursue every commercial opportunity or outlet in order to prevent others from doing so.
The concept of trademark dilution has limits -- you can still find other Ford businesses and marks, for example -- but if the mark is truly famouns and there is a likelihood of confusion between the famous mark and the other use of the mark, the famous mark can quite possibly overwhelm the other mark, especially if it is comparatively new.
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As an aside, that's probably an unusual example. Over the years, the company that was Westinghouse (then White-Westinghouse) has sold off various subdivisions and licenced the name and logo for that subdivision. A lot of those companies were, at one point, part of the same We
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Publicity stunt (Score:5, Insightful)
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Re:Publicity stunt (Score:4, Insightful)
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For this case a Vista Media Center may be like a CBS Cable Modem, or perhaps a Star Trek DVR. By violating its trademarks people
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Someone correct me if I am wrong (Score:3, Informative)
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Try making a battery powered marital aid company with the same name as Italian power company PowergenItalia...
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Same market? (Score:2)
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Not under EU law he won't.... (Score:2, Informative)
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Satan is enjoying frozen 'ritas in hell (Score:4, Interesting)
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I can't even say i laugh at M$'s expense.
M$ win anyway, this is a no-brainer.
When the british Apple Music couldn't kick Apple's butt for selling music, i don't think a french guy who isn't even in the software business can kick Microsoft's butt. The guy must know it as well, so he is either insane, or insane and looking for publicity.
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You can reclaim it (Score:2)
non-news (Score:2)
Good ole slashdot, the marketer's best friend (Score:2)
Vista (Score:2)
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hasta la vista (Score:2)
probably baseless, but (Score:2)
Lame... (Score:2)
Consider Blizzard's Starcraft vs. Star Craft RV's.
Vista medical records software, anyone? (Score:2)
Role of trademarks (Score:2)
Small correction (Score:2)
Next Up (Score:2)
Next up will be an attempt to have Microsoft move their world headquarters to Southern California.
VA VistA (Score:2)
Vista.com strangely silent (Score:2)
Before I was laid off, there was some joking going around the office about Microsoft's new OS release... Our company has owned the trademark for more than 7 years, but there was no word from the suits that we were ever going to sue Microsoft.
I thought it would have been funny if we had.
What about media edition? (Score:2)
I think MS Vista media edition, the version that "specializes" in DVR capabilities and what not might fall under "entertainment and media categories".
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Just wait 'til the next version of Windows (Score:2)
Then again, it would've been quite fitting for the current version of Windows. After all, people from Vienna are notoriously morbid, and "everyone" is very concerned with being, after their demise, what's called "a scheene Leich'" (a beautiful corpse).
And, IMO, Vista has accomplished this goal by any defini
Patents? (Score:3, Informative)
Indeed Gildas registered Vista for software... (Score:2, Informative)
in other news (Score:2)
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that's me, though, things might not be the same in france.
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Clear infringement.
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Also Spanish and Italian (Score:2)
English word? (Score:2)
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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.
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What's that have to do with a trademark dispute?
Clearly, you are trolling.
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Frivolous sentencing (Score:2)
Re:Frivolous Lawsuits (Score:5, Informative)
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Before you say: Frivolous Lawsuits (Score:3, Insightful)
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 f
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The French have given the computer world Prolog, Ada and Eiffel.
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But the French have helped you getting your independence (try to imagine how America could have been Australia times N), and they also helped you getting the Statue of Liberty.
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If he sues in France (and he will be doing this, because to a frenchman the french systeme judicial will be the best in the world, just because it is french), he will have the advantage from the start, regardless of how good his case is...
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And your basis for this statement is?
On a similar note you may not have realised this but there is a great deal of anti-american sentiment everywhere in the world nowadays. I will try to sum up some of the reasons I think this is below:
1) US Attitude. At the start of this discussion above there are a number of people talking like this is a frivilous lawsuit becuase of US laws. They either assumed that this must be happening in their
Mod Parent Up (Score:2)
Re:Get in line, Philippe (Score:4, Insightful)
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.
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But even then, you're still talking about two different things. The television station is a form of media, just like the press or a newspaper. MS is simply providing a tool to view that media... They aren't creating the media.
To me it sounds like the lawsuit is based off two definitions for the word "media" and also is just a way to get publicity.