X-Box Name Dispute In The Works 143
Machina writes: "Seems Microsoft was a little late in claiming their
X-Box Trademark . "Microsoft (MSFT) could face a
legal challenge to its use of the Xbox name
for its forthcoming videogame console.
Microsoft filed its claim to the name with
the U.S. Patent and Trademark Office on
Oct. 18, 1999, but a Florida company
registered its use of the Xbox mark with
the USPTO on March 10, 1999. "
Re:Ahem.. (Score:1)
Re:That's not Microsoft's game (Score:1)
In what sense? It does sound as though the other company registered the trademark first. So far as I can tell neither company has actually brought a product to market using this mark, I don't see anything that would make you think Microsoft has the better claim of the two.
That's not Microsoft's game (Score:4)
And it sounds like, in this instance, they're in the right. Much as I loathe them, this isn't the way I'd like to see them lose.
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and Windows itself (Score:2)
hawk
MS appropriates another trademark (Score:1)
Yet another company MS assumes doesn't have the money to sue them for stealing a trademark.
Re:Register X (Score:1)
Re:Sounds like a scam (Score:2)
Which could easily have a month's lead-time - certainly the few times I've ever dealt with (non-news) items for magazines, they have a surprisingly huge lead time.
Re: What crappy browser you using? (Score:1)
Re: What crappy browser you using? (Score:1)
SOMEBODY FIX THE ITALICS (Score:2)
Re:New Name (Score:1)
Eh, more like a typoo (Score:1)
Bug? Heh, yeah, must be, cos our Fearless Slashdot Article Editors certainly wouldn't make a mistake like that!
Re:go sony (Score:2)
Re:Profiteering/squatting (Score:1)
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Slashdot didn't accept your submission? hackerheaven.org [hackerheaven.org] will!
M$TV!!! (Score:2)
Re:go sony (Score:1)
Well, Sony and Microsoft have ongoing business dealings with each other, so it's highly doubtful that Sony would want to piss on one of their partners like that. Not that it would stop some other company from doing it, since XBOX Technologies' market cap as of yesterday's closing bell was only $6.6 million. (Although such a ploy would be pretty obvious to the patent office.) Of course, with Bill Gates making 125 dollars per second (last time I heard it reported, anyway), it would only take him about 14.7 hours to make the money to buy up all their outstanding shares.
Just looking over their filing for fiscal year 2000, and it looks like they lost $10.4 million on only $879,000 of revenue. Doesn't exactly seem like these guys will be much trouble for Microsoft.
On a side note, when looking some of this stuff up, I noticed that Google indexes PDF documents now. How long have they been doing this? Pretty cool...
Cheers,
Re:Sounds like you don't bother to think (Score:1)
You're either kidding or have never been within 10 miles of a company having anything remotely to do with the Internet. Registering a domain name is something that you do as soon as you've decided on the name, so someone doesn't grab it. In fact, checking to see if the name is available is something almost always done before you even pick a name in the first place these days.
You don't have to register a domain name to be legit, but it's pretty fishy that a company which lost $10.4 million last year somehow had a hard time springing for the $35 yearly registration fee, when they plan on building their internet-related company around that name.
Cheers,
Re:Sounds like a scam (Score:2)
Well, FWIW, Nicollet changed their name to XBOX Technologies on 3 August 1999, and the first reference on DejaNews to Microsoft's Xbox refers to a 2 September 1999 article from Next Generation magazine.
Cheers,
Sounds like a scam (Score:4)
This tech company was so concerned with the value of the name "Xbox", yet they never tried to get the xbox.com domain, which Microsoft owns? They changed their name from Nicollet Process Enginerring to XBOX Technologies two months before Microsoft filed for the "Xbox" trademark. I'm pretty sure that rumors were floating around about the Xbox name before Microsoft filed for the trademark, which was why everyone was speculating about the name.
So...anyone know when leaks first started appearing that Microsoft would name the system "Xbox?" Or if XBOX/NPE company is a "trademark squatter" and have filed for trademarks with a lot of other names that they don't use? If their ownership is a joke, they don't have much of a chance here.
Cheers,
Caught on their own game (Score:1)
And, the worst for Microsoft is that the whole design of his console is based on his name !!!
The only thing that may be worse is Sony getting that name and building a console named... X-box
Re:MS appropriates another trademark (Score:1)
Project code names have no relation at all to released product names. Earlier versions of Windows CE have gone under various names as Wyvern, Gryphon, Rapier, Jupiter, Goldeneye, and more. And yet, the products using each one of those do not even reference the codenames.
Re:It's the same as with NT (Score:1)
MS claimed that "NT" belonged to them, despite the presence of the Apple LaserWriter NT from *many* years before Windows NT even existed.
Pope
Freedom is Slavery! Ignorance is Strength! Monopolies offer Choice!
Re:I don't get it...... (Score:1)
hmm... (Score:1)
Re:Profiteering/squatting (Score:2)
It's up to Microsoft to do the search, not the company that owns the trademark to notify them. The only thing that could happen to XBox Technologies for not doing anything is that the name could be lost to the general public because they didn't attempt to protect it (e.g. Aspirin). Interestingly this would mean than that ANY company could call their product an XBox. ;)
-ShieldWolf
Re:Sounds like a scam (Score:1)
Re:Sounds like you don't bother to think (Score:1)
Are you serious? Maybe they had other priorities in choosing a name? If Microsoft for example were more worried about checking that a domain name was available than checking that the trademark was available (this is a registered trademark) then they only have themselves to blame for any problems / expense it causes them.
Offtopic, -1 (Score:1)
The DIVX solution (Score:1)
Re:W-Box (Score:1)
Re:Profiteering/squatting (Score:1)
Looks more like the problem is with the USPTO. XBox Technologies registered the tademark six months before Microsoft even tried. Sounds more line Microsoft simply assumed that they chould hijack someone elses registered trade mark.
Re:go sony (Score:1)
Register X (Score:2)
A-Hole (Score:1)
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Re:no problem for microsoft (Score:1)
Re:Profiteering/squatting (Score:1)
The real question is why wasn't anybody at MS smart enough to do a search before settling on a name especially one so obvious as Xbox. How many products have Xsomething or somthingX in them.
Re:It's the same as with NT (Score:2)
Re:It's the same as with NT (Score:2)
Yea, except the company that patented it first was a software company. I think thats somewhat related to Microsoft.
_ _ _
I was working on a flat tax proposal and I accidentally proved there's no god.
Re:MS will get around it (Score:1)
Please do explain.
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So what, they own the trademark for X by itself... (Score:2)
Among the things these trademarks cover is the use of X to describe an OS that can play games. I half expect Microsoft to go suing Linux distros and UNIX vendors to drop games from their distributions or stop using the term X.
This is all because someone wrote that damn xbill [xbill.org] game. Trademarking X gives Bill Gates the right to sue that game out of existence!
Actually, in all seriousness, I have to wonder. I was in an EB store and saw a large green X displayed and saw the tm sign and went searching and found the two above trademarks for X.
XBOX Technologies is in trouble (Score:1)
The ticker symbol has an 'E' added to the end ("XBOXE"). In day-trader lingo, that means the company's in serious trouble. There's a quote in the article that suggests that the company wants MS to just buy the trademark. I wouldn't be surprised if that is their latest business plan revision.
What's the tech relevance of this? (Score:1)
Who cares, Patents are just a plain pain in the ass. In most of the cases they are couterintuitive and protect the rights of the companies that have 'big money'.
But on the other hand it's quite fun to see that M$ is losing at a game they prove to be quite good at time after time.
For as far as the name X-box goes, who cares what it is called, as long as what's inside works.
Re:Ahem.. (Score:1)
$Box.
Re: (Score:1)
Re:no problem for microsoft (Score:1)
Re:no problem for microsoft (Score:1)
Re:New Name (Score:1)
not a problem (Score:1)
Re:not a problem (Score:1)
I look back to a fun example. In Allentown, PA, where I go to school, there is a place called Phoebe Floral. I know this because I bought flowers from there yesterday for the gf. Meanwhile, in the same city, there is a Phoebe Catering service and a Phoebe Book Shop. Now these are different Phoebi, and they don't sue each other because they sell different products. (and yet they are in the same town!)
I reiterate that etoy and etoys are both still doing business under their respective names, and the only reason that there was hooplah about the domain name is because a judge (who probably has a lot of toys now) bowed to corporate pressure.
Simpsons: Nelson: Hah-HA! (Score:1)
Ahem.. (Score:1)
Re:More on 'Le Reg' (Score:1)
XBox... (Score:1)
I personally think it's most likely that Microsoft will just pay these guys off.
From what I understand, X-Box Technologies have yet to actually do anything substantial under that name.
"Everything you know is wrong. (And stupid.)"
I don't get it...... (Score:3)
Does a trademark name infringe on ones use of the english language? Are we forbidden from using the phrase "X Box" as a description, as opposed to a product name?
Just a rambling thought.....
Now just stop the presses for a minute here... (Score:1)
Hmmmm! That didn't work, let's try this again.
I AM BILL GATES! WE ARE MICROSOFT!
That didn't work either, try again.
I AM BILL GATES! WE ARE MICROSOFT! SURRENDER OUR TRADEMARK NOW!
Oh, damn it, here's a million bucks, now give us our trademark.
You have the same name for different devices (Score:1)
Re:Wow, I wonder... (Score:1)
The X-Box guys are scumbags. I know. (Score:3)
So I head out to check it out on Internic, and it turns out that someone had snatched the site up a few weeks before we wanted it. Shit.
So I check the site out, see that nothing's there. Portscan it (yes, I'm a bad person) and find out no fucking services are up and running on it. E-mail the provider, get forwarded to the owner, and he's got the huevos to tell me "I've got some very exciting functionality coming out from my website in the next year, but I'd be willing to part with it for $10,000." I scream various and sundry obscenities, call him a squatting shitbag (not to his face), but he stands firm on it.
Who knew the douche was sitting on such a goddamned goldmine?
Re:It's the same as with NT (Score:1)
Italicized (Score:1)
Jeremy
Re:Register X (Score:1)
The "X" stuff - ActiveX, DirectX - I think was deliberate. At the time when "X" is actually getting more known (a few years ago when they started using the names) they start using these. Then there's "DNS". Of all names to overload, that is not a good one to pick. And "DNA".
Geez, MS DNA. If I turn blue and die you'll know what happened.
Re:the dates seem awefully close (Score:4)
Time and time again on /. various IP topics
come up and there are hundreds of incorrect
statements about IP law. Patents are confused
with copyrights, copyrights confused with
trademarks, and patents confused with trademarks. They are very different things (and much is written about them and available on the WWW, try the Patent and Trademarks Office for starters).
As for a leak. Doubtful. Maybe they just didn't do a proper search (MS registered their mark all over the place, basketballs is one of the product areas in trademark #78026626). Maybe someone blabbed an in-house development name in public and then, with the blabber having lots of clout, they have to stick with it all the way to making it the logo on top of the box. Or maybe they've got a lot of money in the bank and can dangle some really big carrots in front of the little folks who might get in their way. Or some combination thereof. Pure speculation of course.
However this looks like an co-exisiting trademark owner (marks can co-exist in different markets) attempting to extend their mark from one area to another. MS with their new product are trying to grab the name everywhere (as is their habitual behaviour, grab everything). They collide. Time to get the lawyers out again for rolodexes and bad hair at ten paces on the courthouse steps.
Re:Profiteering/squatting (Score:1)
no problem for microsoft (Score:5)
Re:XBox site (Score:1)
Re:go sony (Score:1)
That's rather amusing. (Score:1)
"If they want us to part with it, it's up to them to determine how much they think it's worth"
Or in other words, "Cut us a big fat check and we'll let you use the name."
Sometimes, I have the fleeting thought man has invented time travel in the not too distant future, and they're messing with us.
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Re:MS will get around it (Score:1)
lol
There you go, I get your joke, happy? :)
Now lets talk about metres, grams and colours.. lets really confuse them ;)
Bill, get yer check book out (Score:1)
Further proof... (Score:1)
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No Trademark Yet (Score:1)
From what I can tell at the USPTO website, all of these APPLICATIONS have not issued as REGISTRATIONS yet.
You apply, then get tenative approval, your mark is then published for opposition by anyone out there, and once you get past the opposition period, then you can get the registration.
When you are searching the trademark database, a serial number is an application, a registration number is a registered trademark. (You get to put an R with a circle after your mark.) Everything I saw was an application.
Ignorance (Score:3)
XBOX Technologies of Minnesota (corp) and Florida, per their website, is nothing more than a holding company. It appears that the companies sole business is that of acquisitions and mergers of technology companies. To put it simply they "acquire" a company, hire new management, redesign business processes, train and restaff and then probably do one of two things sell the company or use it as leverage on it's next acquisition.
Unfortunately XBOX Technologies is also listed as a company that's goals are knowledge management, training, discemination of information across a network, wireless, desktop, or web enabled device, listed as a tech support company, media portal, and previously did business in the design of processes for plastics engineering. Is this a company that's really just in search of something to do. It doesn't appear that XBOX Technologies even knows what kind of company it is since it's own website lists it as two different things not to mention the descriptions available from other sites.
This leads me to the other issue. Trademark law is very goods/services oriented. They understand that there are only so many name/letters/combinations out there for companies and therefore trademarks are usually based around a product or service. Trademark disputes typically happen between two business who are in direct competition or when one business has a mark that could be considered famous. XBOX Technologies does not at present produce anything that competes with Microsoft and XBOX has not come into use or enough recognition to be considered famous. (Famous usually means that the mark has been in use by a company for several years and that a wide variety of people associate that mark with the companies product or service). The trademark office should be able to easily allow both marks to co-exist.
Now there is one more problem to throw in. XBOX Technologies is apparently in need of some positive cash flow, they have one major investor and their stock price, although up from it's low of 0.06, is 0.25. Happy coincidence (most likely not a planned coincidence) they have requested the same trademark as a possibly hot new product offered by a company with some pretty deep pockets. So the question comes up as to whether or not they can cash in on this coincidence and garner some much needed cash and possibly some free recognition/press for their ailing company. Positive cash flow and free press draw in investors (which seems to be this companies primary purpose, as an investment).
So now just months before the MS XBOX is to be released discussion begins over trademark issues and who owns what and what it's worth to Microsoft. Microsoft wants the ability to market more than just the box under the XBOX brand and they've invested millions already and so it's pretty late in the game to wait for a court battle, add a hyphen, add MS to the mark, or to drop the name for something else. Cases have been designed, ads readied, printed material, logo's, websites, documentation, millions and millions of dollars. So what's easiest. MS has to make an offer that will keep the issue out of court, whether or not it's an issue that even needs to go to court. Remember this is 'civil' court and things can get pretty protracted, injunctions, motions, etc. possible product delay, negative press for a new product, lawyers fees. You know the drill. So the question now is "How much is it worth to Microsoft?" "How much has MS spent on XBOX to date?" and possibly a secondary question arises "Is what XBOX Technologies is doing ethical?"
Microsoft should cut a deal (Score:1)
XBOX Technologies, Inc. designs, manufactures, markets, and supports monitoring and control systems, host level client/server software, and machine diagnostic tools for the die casting and plastic injection molding industries.
Maybe Microsoft could give them or one of their clients the contract to make X-Box cases...;)
Re:Profiteering/squatting (Score:1)
(C)Copyright Microsoft Corp 1981-1998.
C:\WINDOWS>find
Searches for a text string in a file or files.
FIND [/V] [/C] [/N] [/I] "string" [[drive:][path]filename[
/V Displays all lines NOT containing the specified string.
/C Displays only the count of lines containing the string.
/N Displays line numbers with the displayed lines.
/I Ignores the case of characters when searching for the string.
"string" Specifies the text string to find.
[drive:][path]filename
Specifies a file or files to search.
If a pathname is not specified, FIND searches the text typed at the prompt
or piped from another command.
The solution is simple (Score:3)
Microsoft need only make a small change - a single character - and simultaneously sidestep the trademark problem while building on brand recognition.
Everyone knows a game console should be uncomplicated and straightforward. It should be simple. It should be intuitive. It should be something your mother can use.
It should be called ... X-BOB.
Wrong letter (Score:1)
Presenting...the B-Box!
(am I a marketing genius or what?)
New Name (Score:3)
Re:I don't get it...... (Score:1)
X boxen sounds cool though, would they be able to prevent the use of *that*?
Re:on re Microsoft and ill actions (Score:1)
This is your lucky day.
It's the same as with NT (Score:4)
Here in the netherlands we have Dove chocolate (from Mars Inc.) and Dove soap. Thankfully they don't use the same packaging, but both marks are trademarks. Also we have Sun dishwasher stuff and Sun computers, Linux cleaning services (yeah really! in The Hague, it's a house cleaning agency) and Linux the OS... :)
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Re: "Internet Exporer" is not trademarked (Score:1)
They will probably sue XBox in similar fashion.
And NOT ZBOX!. my opensource Palm file manager is called ZBoxZ (palmboxer.sourceforge.net), and I would consider ZBox an infringement (I've applied to register the trademark).
go sony (Score:1)
tdawg
Re:Didn't the same thing happen with IE? (Score:1)
Interesting approach from Microsoft on this: that "Internet Explorer" is a generic name like "cola."
If they did this with "XBox," we could all release our own branded "X-Box" running an "Internet Explorer." Then sell them in the same shops as the MS X-Box, and make them better (Throw in a next-gen GEForce2 dualhead, Soundblaster Live Platinum 5.1, bigger monitor, maybe a Bleem PS2 emulator... the possibilities are endless!
Re:SOMEBODY FIX THE ITALICS (Score:1)
--
"No se rinde el gallo rojo, sólo cuando ya está muerto."
Re:M$TV!!! (Score:1)
This one really deserves at least some more funny points...
Re:not a problem (Score:1)
Re:Register X (Score:1)
They would have a little difficulty with prior art on that one. I think they really ought to be considering discovering a new letter which they could then copyright. I wonder what the smallest amount of information the US patent office would allow to be patented is. Maybe a truncated capital gamma - "A small section of the lower right quadrant of the intersection of a horizontal line and its perpendicular"
New computer arrives today - see user info for reason why I'm especially happy
Re:not a problem (Score:1)
x-box (as they typically have been) than they don't have trouble with someone calling themselves xbox (no hyphen).
Well, howabout etoy and Etoys, almost the same situation
More on 'Le Reg' (Score:3)
Richy C.
MS will get around it (Score:3)
\ rr
Profiteering/squatting (Score:5)
rr
Didn't the same thing happen with IE? (Score:3)
M$ new nameing convention (Score:3)
it's not so unusual... (Score:3)
Fire up the Way Back Machine! (Score:2)
While I'm currently a PC user, I did do some work with Macs and whatnot, and find it ironic, considering that Apple Records tried suing Apple Computers on similar claims (only relaxing their claims when Apple) at the time, promised to make their equipment crippled so that recording music would be unviable without non-Apple hardware... Hence the reason why Macs prior to 1990 required seperate audio recording hardware, and only in the last someodd 5 years were finally allowed to record in 16 bit audio...
Re:Fire up the Way Back Machine! (Score:2)
Confusing ain't it?
Well, along the way, they determined that 8 bit recording wasn't a violation, because even the most basic professional digital recording hardware at the time was 16-24 bit, which meant anything that could be recorded on a Mac had no way in hell of being considered as a "marketable" recording... So after the Mac IIcx, they decided that adding barebones recording hardware was acceptable...
Eventually Apple Records gave up on chasing the lawsuit bandwagon, and so, from 1994 through present, Apple went into designing better sound hardware for their platforms...
As for the Sosume sound, I believe that was incorporated into the Mac sound scheme for over a decade now, but was created by Apple as a joke on Apple Records'lawsuits after the fact...
Wow, I wonder... (Score:5)
Hear that sound? That's the heads of thousands of Slashdot regulars exploding.
;-)
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Re:Profiteering/squatting (Score:3)
1. BT discovered that they had a patent on hyperlinks only after they were in wide use.
2. Altavista has just determined that it has a patent that covers all types of searching.
3. Nintendo, Atari (or whoever owns their assets) and other abandonware makers have all tried to make a fairly lucrative business out of extorting abandonware distributors.
The above-mentioned examples are reactive exploitations of the very broken intellectual property system. These guys are just being proactive about exploiting the system.
Heck, if you tried to patent "IP squatting" as a business model, there would far too much prior art to get the patent approved.
Re:Register X (Score:2)
Hey -- old news! (Score:2)
Joel should sue both of them.
http://www.gizmonics.com/xboxm.htm/