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Windows Vista Faces Lawsuits
Posted by
Zonk
on Sat Jul 23, 2005 11:39 PM
from the expensive-view dept.
from the expensive-view dept.
WindozeSux writes "When tech company Vista discovered the title for the new Windows Operating System version, company founder John Wall was not amused. John Wall may take this to court because he knows of how protective Microsoft is over their trademarks. From the article: 'A Microsoft spokesman said the company chose Vista from a list developed by the Windows team, based on attributes of the new software. Among its primary selling points are new tools for searching and viewing the contents of a PC; communications features; and a lighter desktop appearance with transparent objects.'"
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Windows Vista Faces Lawsuits
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What about Apple? (Score:5, Funny)
(http://web.vorticon.org/ | Last Journal: Monday February 14 2005, @01:00AM)
Why did they not just call it "Mac OS X" then? Vista... geesh.
Re:What about Apple? (Score:4, Funny)
(http://theunfunnytruth.ytmnd.com/)
Re:How about Curtains? (Score:5, Funny)
(http://www.nerdwatch.com/)
They should call it "Quits".
^=====^
BAM! (Score:5, Funny)
(http://192.168.0.255/)
</optimistic>
Does anyone think this will stop Microsoft from pulling similar stunts?
*earth oscillates from the force of millions of Slashdotters' heads shaking*
Re:BAM! (Score:5, Insightful)
Stop them? It'll reinforce the value of pulling the stunt first.
Preemptive strike... (Score:5, Insightful)
Sue for the name, or be sued I guess. Sounds like they have a case for the trademark being theirs as a name, but these cases always seem silly to me. Clearly "Windows Vista" is not the same as "Vista" the software company. It's doubtful anyone is going to confuse them.
On the other hand, you damn well bet if I happened to own a company by the name of the up-and-coming Windows OS, I would be making sure my name was EVERYWHERE right about the time the new OS came out. Hell, I'd even offer to sell them the name for $500 million or something, make it worth my time.
Re:Preemptive strike... (Score:4, Insightful)
Neighter is Microsoft Windows and Lindows.
Re:Preemptive strike... (Score:5, Insightful)
Yes, but Lindows was created (the idea and name) in order to woo current Windows owners into switching to an OS that sounds similar and is hyped as being easy to use etc...
Lindows was something created after Windows, and was meant to use the name to draw customers. There is a clear diference here. Vista is an existing company with (as I understand) an entirely different product in a non-competing market.
(oh, and I have nothing against Lindows at all, it is just not a valid argument IMHO)
Re:Preemptive strike... (Score:5, Interesting)
Yes, but I don't think that matters that much because both companies produce software products.
For example, I called my cool new Windows spreadsheet program "SuperLinux", I would not be surprised if Linus Torvolds' attorney served me some papers. Just the fact that the products are both software would be confusing to everyone. (And maybe when the shoe is on the other foot, the slashbots will understand what I'm talking about.)
Just imagine the sales calls:
"Hi this is Fred from Vista Software"
"Un, you mean like Windows Vista??"
"That's only the 10th time I've heard that today."
The thing is that a good brandname is worth zillions of dollars. I'm sure MS was fully aware of these guys and just figured they were small-fries that could easily be bought off. (And , I'm sure that Apple though the same way about TigerDirect, The Open Group, Apple Records, etc.)
Re:Preemptive strike... (Score:5, Informative)
(http://www.networkboy.net/)
( http://www.finfacts.com/brands.htm [finfacts.com] )
CocaCola: $67bn
Microsoft: $61bn
IBM: $54bn
GE: $44bn
Intel: $34bn
Disney: $27bn
so, yeah brands are worth some money. If I was vista I would have waited and made them re-brand their software after the boxes and disks were printed but before they hit the stores
-nB
Re:Preemptive strike... (Score:5, Insightful)
My understanding is that "a different market" means where there is no confusion on the part of a consumer or that there is no damage to the brand. I think that Vista could easily make the case that their brand will be damaged. Imagine calling a prospective client and introducing yourself as a software company called "Vista". If the prospective client knows about Windows Vista, what will be their reaction? Whether it's positive, neutral, or negative, there's clearly brand confusion. This isn't like Microsoft Windows or Microsoft Money where you're prefixing a common word with the company name to create a new brand. If Vista is a trademarked name for any type of software, I think Microsoft has a long uphill battle.
Re:Preemptive strike... (Score:5, Insightful)
Clearly "Windows Vista" is not the same as "Vista" the software company.
That will be Microsoft's position right up until such time as Windows Vista is large enough to be the dominant name in the industry, and then they'll just turn around and sue him for infringing on their Windows Vista trademark.
Re:Preemptive strike... (Score:5, Insightful)
Re:Preemptive strike... (Score:5, Insightful)
Re:Preemptive strike... (Score:5, Interesting)
OK, so if the two parties have wildly different products, there's usually no problem. This is how Apple and Apple Records settled - Apple Records agreed to let Apple use the name, on the condition that Apple wouldn't produce music, and presumably Apple Records wouldn't make computers. I suspect there's some fancy footwork going on to get over any objections over iTunes & iPods...
Now, with Vista being a software house, and Windows Vista supposedly being actual software (eventually), there's a lot of scope for confusion. Vista's products could be tainted by Microsoft's track record on screwing stuff up. If Vista ever wanted to market a product called Windows Vista, that's definitely a problem...
wxWindows (Score:5, Interesting)
(http://www.gunlab.com.ru)
I think.. (Score:3, Insightful)
(http://www.classicwfl.com/)
MS deserves to be sued for picking such an un-attractive name for an OS. :P
Windows 2000? Yeah, that works. XP? Sure. ME? Not great, but it is better than "Vista". How many people are going to actually know what "Vista" means, anyway? I'd put 20 on people thinking that the newest incarnation of Windows is some spanish distribution.
Re:I think.. (Score:5, Funny)
Well, I know what Vista stands for:
Viruses
Instability
Spyware
Trojans
Adware
Quite frankly, I'm amazed they didn't find a way to work DRM in there.
Lets just call it by its true name... (Score:5, Funny)
Re:Lets just call it by its true name... (Score:5, Funny)
(http://www.joeslife.net/ | Last Journal: Wednesday October 27 2004, @07:12AM)
Already have TM (Score:3, Interesting)
(http://www.rant.st/)
It confuses me. (Score:5, Funny)
(http://espergreen.com/)
The Terminator Kills Your PC (Score:5, Funny)
Odd name choice (Score:5, Funny)
Uh, wouldn't "Windows Hegemony" have been a better choice?
Don't they know about www.uspto.gov? (Score:5, Interesting)
MS Team named it? (Score:3, Interesting)
Though really I'm just surprised they didnt do a google search of the name to see if there's any similar companies or products out there called Vista...
I don't blame him (Score:4, Insightful)
Right now, the name can be changed without Microsoft caring too much. If it gets to release time, there is no way in hell Microsoft will change the name. They'll just throw lawyers at him until he gives in. If it doesn't work in the USA, they'll harass him in other countries.
Right now, he's got a clear advantage. If he makes every move to completely stop their use of the mark 'Vista' (as opposed to licensing it to them or something), then they'll probably change the name sharpish. But if he shows any sign of weakness, they'll just steamroller him into submission.
Years (Score:3, Funny)
(http://www.pmarks.net/)
After all, Windows 2017 has a nice ring to it...
Naming tradition (Score:5, Funny)
(http://ensilzah.deviantart.com/)
Synonyms for "Vista" (Score:5, Funny)
Re:Remember Lindows? (Score:4, Interesting)
it's also a no-brainer that it's asking for a trademark infringement suit
I wouldn't have said so - Microsoft shouldn't have a trademark on "windows". It's like if Microsoft trademarked the word "server" today, marketed a product called "Microsoft Server", and then, in twenty years time, sued everybody else who uses the word "server" or something that resembles it. Sounds completely bizarre, but it's essentially what Microsoft did with the word "windows".
Also, IIRC, Microsoft didn't/couldn't trademark "windows" in some places, which is why they sued Lindows in more than one country.
They used MSN Search to look for it... (Score:5, Funny)
i wanna know (Score:5, Interesting)
(http://naikrovek.org/)
Re:Finaly a lawsuit I can get behind! (Score:5, Funny)
How about "Windows Fiasco!"?
Just what is beyond Windows? (Score:3, Funny)
(http://yro.slashdot.org/~twitter/journal/177855 | Last Journal: Wednesday November 14, @12:48PM)
From JoelOnSoftware (Score:5, Interesting)
Connections with the SCO group (Score:5, Interesting)
The company also owns some dubious energy company (most likely a tax-writeoff stunt).
MS knew must have known about Vista, and this might poosibly be a somewhat indirect way of funelling money to further finance the SCO litigation machine.
If you put on your tinfoil hat, this name is not an accident, but a way to finance SCO without alerting the antitrust watch dogs.
_windows_ (Score:5, Interesting)
(http://www.octools.com/)
Word History: The source of our word window is a vivid metaphor. Window comes to us from the Scandinavian invaders and settlers of England in the early Middle Ages. Although we have no record of the exact word they gave us, it was related to Old Norse vindauga, "window," a compound made up of vindr, "wind," and auga, "eye," reflecting the fact that at one time windows contained no glass. The metaphor "wind eye" is of a type beloved by Norse and Old English poets and is called a kenning; other examples include oar-steed for "ship" and whale-road for "sea." Recently we have restored to the 800-year-old word window a touch of its poetic heritage, using it figuratively in such phrases as launch window, weather window, and window of opportunity or vulnerability.
New OS: Microsoft Wall (Score:3, Funny)
(Last Journal: Saturday December 09 2006, @10:46PM)
You'd still see press saying John Wall was not amused...
Great Publicity for Vista.Com (Score:5, Interesting)
(http://home.happyface.net/)
No one heard of them, and now millions of people might accidentially come across their website or read about them in regards to this potential lawsuit.
Besides, they don't appear to be a software company -- from the looks of their website, they do website hosting and design, ecommerce.
Grassroots Astroturf: (Score:3, Interesting)
Step 2: click on the mailto: bizdev@vista.com
Step 3: ask where the link is to download Windows Vista
Step 4: Profit for Vista, as they'll have prime evidence of market confusion
How about Microsoft Panorama? (Score:3, Funny)
Or enforce some truth in advertising laws.
Make them call it Microsoft Bloated Buggy Pile Of Evil And Mind Crushing Pig Shit That Makes Baby Jesus Cry
Sorry. Had to get that off my chest. Just mod me down. Thank you and good night.
Re:How about Microsoft Panorama? (Score:4, Funny)
(http://reverend.healeys.net/)
Last time MS used numbers, they ended up thoroughly confusing their customers. Up until windows 3.X, everything seemed fine, but then they released windows 95, which is more than 91 better than the 3.X series. Except no one was quite sure where those 91 versions fit in.
windows 98 was clearly 3 better than windows 95, but then they decided to put out windows 2000. Although it was better, I think that everyone agrees that it certainly isn't 1900+ better than windows 98.
Things will be better if they stick to unconfusing names and letter combinations.
john wall's in it just for the money (Score:3, Informative)
(http://www.krunk4ever.com/)
http://www.threenorth.com/sco/john_wall.html [threenorth.com]
23 April 2005
It seems that John Wall is selling Vista.com. Well, sort of selling it
after reading that, i don't feel sorry for this john wall guy at all.
many of you may be microsoft bashers, and maybe rightfully so. but to be illogical and say john wall deserves this payment just because you dislike microsoft is just wrong.
if microsoft was wrong, i'd say they are. but this case is pretty clear that vista does not deserve a single penny.
Microsoft Vista SCO connection (Score:3, Interesting)
(http://smatch.sf.net/ | Last Journal: Tuesday May 17 2005, @04:19PM)
Now Microsoft and Vista are connected. It's a weird coincidence.
Stats_for_all talks about the Vista SCO connection on the yahoo SCOX board [yahoo.com].
It seems that there are a lot of puzzling things about Vista as a company.
Vista... (Score:3, Insightful)
(http://www.mostlydifferent.com/)
Go trendy, Bill (Score:3, Funny)
And a slogan with that cloyingly trendy "so" thrown in.
"You are so going to love this version!"
"Where do you so want to go today?"
"You so won't see the blue screen anymore."
Free marketing? (Score:3, Interesting)
(http://www.webworks.se/)
That way they get lots of free press telling the world that they are about to release a new OS, and at the same time they try to wash out common nicknames names like Longwait, and NoHorn from peoples minds.
When the OS is released it will be named to something completely different.
Another Vista software product circa 1995 - Today (Score:3, Informative)
http://www.vista.co.nz/ [vista.co.nz]
I'm not sure as to the extent this will affect us.
Re:That name sucks (Score:5, Informative)
(http://lavincolindo.net/ | Last Journal: Friday January 20 2006, @05:50PM)
Re:That name sucks (Score:3, Informative)