DDX_2002's Journal: Mike Rowe Soft

The newest cause celebre on Slashdot has a local connection for me. I actually know some of the lawyers at the firm that caused this brouhaha for M$(Smart & Biggar). Took a course from one of their senior guys a ways back, and know another of their guys from back when he was at UBC.

They have done some great work for Canada Post (among others), but I doubt the firm views this present story as a shining moment. Just goes to show the dangers of law - you can be 100% right legally and get crucified in the press.

Not that M$ doesn't have a point - copyrights are yours come what may, but if your trademark loses distinctiveness, it's toast. Easiest to see when brands become generic identifiers - linoleum, aspirin, etc. Some companies are losing, but fighting the good fight on that score: Kleenex, Lego (makes people call them LEGO Blocks, never ever 'Legos'), too many others to count.

[as an aside, I'm sure as hell not saying saying that Mike Rowe Soft is likely to cause confusion, except among idiots. I also think you should give the guy a break on choosing the name deliberately... the guy's name is freaking Mike Rowe! Try to count the number of high tech and web companies with *soft in their names! I mean, FFS! Screw taking away the domain, just liicense it to the guy so the trade mark usage problem doesn't bite you later and move on]

As always, IMHO, YMMV, and IAN(an IP)L and even if I were, this ain't legal advice, so don't even think about it, chum.