Microsoft to sue Mike Rowe for Copyrights 1009
An anonymous reader was among a host of submittors noting that a 17 year old named Mike Rowe has been sued by Microsoft for copyright infringment of their name.
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Microsoft to sue Mike Rowe for Copyrights
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"Marriage is low down, but you spend the rest of your life paying for it." -- Baskins
Let's just hope... (Score:4, Funny)
Re:Let's just hope... (Score:5, Funny)
Re:Let's just hope... (Score:4, Funny)
Seriously, I heard a Mr Coe complaining about this once, and the severe limitations it put on his children's names.
Re:Let's just hope... (Score:4, Informative)
Re:Google supports Microsoft (Score:5, Funny)
Who's Next? (Score:3, Funny)
Re: Who's Next? (Score:3, Funny)
Re:It's not the Redmond goons, it's the lawyers... (Score:4, Funny)
Mike will be fine, though. It has just been reported on local news that he got an offer from Smarter&Biggest to represent him in court for free.
Microsoft's plan of attack (Score:5, Funny)
Re:Microsoft's plan of attack (Score:5, Funny)
I hope the server's not in his room, because he'd probably be getting a nice tan by now
MS the scammer (Score:5, Informative)
Re:MS the scammer (Score:5, Insightful)
Ah well. Any bad press for Microsoft has to be a good thing.
Re:MS the scammer (Score:5, Insightful)
It was still dumb to send a counter-offer if one had no intention of selling it. (Though if I thought for a minute that one of my domains was worth that much to someone...)
Re:MS the scammer (Score:5, Insightful)
So he would consider selling the domain if M$ helped him regain that cost. IANAL but this sounds like a slam dunk for Mr Rowe.
It depends on the counteroffer (Score:4, Interesting)
Besides, if you are truly violating a trademark, it isn't like you are entitled to get your costs back. If your costs are large, a company will probably go to the WIPO for an arbitration [icann.org] and just take the name. That process is much cheaper than $10,000, anyway.
Comment removed (Score:5, Interesting)
Re:MS the scammer (Score:5, Interesting)
I think you're close, but giving Microsoft too much credit. Under the system of Capitalism where Microsoft has thrived, the concept of a property right is sacrosanct. Anyone really interested in promoting Capitalism would acknowledge that Mike Rowe owns the domain name, and is not under any obligation to sell it, or name a price, or even justify why such a named price is warranted. A simple "That property is not for sale." should suffice, and there should be no questions asked about motivation should Mike choose to change his mind suddenly when the price reachess a given level.
What we see here, again, is Microsoft hiding behind a policy of "We're just good little Capitalists trying to make a buck like everyone else..." while their real policy of "control everything at any price" shows through in their actions.
While I don't always agree with prople who promote Capitalism as the one true way, I do wish even they would recognise when they are being used by corporations bent more on promoting their own power than on promoting Capitalism.
Re:MS the scammer (Score:5, Insightful)
You also have to recgonize that Microsoft owns the trademark rights to the name "Microsoft" (or things that sound like it or are spelled like it).
Right or wrong, like it or not -- Microsoft has an obligation to their shareholders (you know -- the quarter million or so people who actually own the company) to protect its trademark from dilution. If MSFT loses, legal/management can say "fuck it, at least we can tell our shareholders that we did our best to protect their best interests".
Their offer to buy mikerowesoft.com out (for peanuts) was just a way to sidestep the trememdous costs associated with a lawsuit. Say after a lenghty lawsuit MS buys this kid's domain for $10,000. Is Mike Rowe really going to walk away happy after a half million in legal fees? That leaves him with a loss of $490,000.
BTW -- how is this about Microsoft promoting their power? By power, do you mean their bottom line? And since when have capitalists ever been driven by promoting capitalism itself? I'm a bit boggled by your logic. Capitalists are greedy and self serving...that's the point of capitalism. The system is designed so that society is able to benefit from the profits generated by the businesses (thus harnessing the power of individual/collective greed). Maybe I'm misunderstanding you...perhaps you should elaborate.
Re:MS the scammer (Score:4, Informative)
No, that is a free market. Capitalism is about a person with resources being allowed to exploit those resources and gain the benefits. The two are often in conflict (eg free markets are damaged by monopolies, but a capitalist would often be best served by trying to create one, similarly for trade barriers and protectionism).
Traditional liberal economics basicly consists of trying to create the environment for capitalism to work, but forcing it to work within a free market.
(at which point I suppose I have to point out that liberal economics is not related to what US politicians and media have redefined the word to mean. I suspect the average /.er grew up with `liberal' meaning `illiberal')
They don't want the content, just the name (Score:5, Insightful)
They don't want the content, he can take that with him.
It's like parking next to a fire hydrant, they are saying move along, take your car.
And all you flamers who don't read very carefully, note that I make no mention of whether M$ is doing the smart thing, the right thing, the correct thing, or anything.
M$ Lawfirm = smart and bigger! (Score:5, Interesting)
The article points out that this could easily be confused with an article from The Onion. I'd add "or an urban legend".
Did you notice the law firm that he claimed M$ uses to scare him? In order for the law firm to seem smarter and bigger than the peon they are suing, they are allegedly called "Smart & Biggar"! Obviously fake, right?
And then I looked it up, and it's a real law firm!!!!!! http://www.smart-biggar.ca/About/ [smart-biggar.ca] (Presumably Smart & Biggar/Fetherstonhaugh is based on people's names... :-)
They may be smart & big... (Score:5, Interesting)
Re:MS the scammer (Score:3, Funny)
They responded to this email by offering to give me all of my out-of-pocket expenses in return for the domain name. This came out to be $10; the amount I paid for the domain. (...) I responded by asking for $10,000, which I regret doing now, for my work and domain name.
Technically, one could argue that he asked for $10.- for the domain name, and $9990.- for "his work". Just an honest 17-year-old, trying to make a living...
Lessons learned (Score:5, Informative)
Re:MS the scammer (Score:3, Informative)
my previous comment [slashdot.org]
*Trademark* not Copyright (Score:5, Insightful)
Re:*Trademark* not Copyright (Score:5, Interesting)
That Microsoft's lawyers sent this notice by email is also odd. That's not any kind of proper legal notification. (But then some people trust faxed signatures, so who knows?)
Re:*Trademark* not Copyright (Score:4, Insightful)
As far as sending the notice by email, initially he did get informal requests to hand it over by email, but the official notice came in the form of a book and accompanying 25 page letter. I suspect the volume of information is intended to intimidate him and any small-time lawyer thinking of taking his case. The legal system really needs an overhaul to make it easier to throw this sort of garbage back at lawyers, as IBM did with SCO's initial discovery consisting of ALL of the Linux source code without being specific.
Re:*Trademark* not Copyright (Score:5, Funny)
This is Microsoft's new, more efficient, form of communication and distribution. Just the other day I got a critical Service Pack update from them. I find this so much better than trying to remember to check Windows Update periodically...
Re:*Trademark* not Copyright (Score:4, Interesting)
I'm sure Microsoft and their lawyers would like them to be seen as "informal discovery". I'm more inclined to view them as entrapment.
Re:*Trademark* not Copyright (Score:5, Informative)
Copyright - literally "the right to copy" - Covers a particular creative expression of an idea, such as a song, a movie, a poem, or a C++ program. Currently lasts longer than any of us will live.
Trademark - literally "a mark used in trade" - Covers names, slogans, logos, and such when used in the packaging and marketing of a product or service. Lasts as long and only as long as it's in active use.
Patent - literally "openly disclosed" - Gives temporary exclusive rights to a invention [insert debate over definition of "invention" here] in exchange for publishing the details of how it works. Currently lasts longer than the technology is likely to be useful.
(The so-called fourth kind of IP is a trade secret, which is the opposite of a patent: instead of publishing a how-to, the inventor keeps it private, so they can try to keep exclusivity indefinitely.)
If you don't want this to happen to you... (Score:5, Informative)
Don't make them an offer. It seems that the big catch here is that Mike made a $10,000 offer to Microsoft ('s lawyers?), and that single act essentially made their case that it was a bad-faith registration.
Re:If you don't want this to happen to you... (Score:5, Insightful)
The point is that it's not really down to the lawyers to decide, and it's going to have a hell of an uphill struggle trying to explain that 'Mike Rowe' was trying to use his chance grouping of syllables in his own name in 'bad faith', although he might've shot himself in the foot by admitting that he'd already thought about it.
However, now I'm thinking about names to register because a $10 cheque from Microsoft would be worth framing.
Re:If you don't want this to happen to you... (Score:5, Interesting)
Re:If you don't want this to happen to you... (Score:5, Insightful)
Wow, there are already 3 or more +5 comments regurgitating this crap from the article. I don't buy this for a minute. Everyone has their price, and it shouldn't be an act of "bad faith" to name it.
Take slashdot for example. I doubt I could buy the domain for $10, but I bet valinux would be perfectly happy to sell it to me for 1 billion dollars. That's the reality of the situation. I fail to see how stating that reality is an act of "bad faith".
The only reason arguments like this work is because the other side doesn't have the resouces to fight them. It has basically nothing to do with the validity of the actual claim.
Re:Yes, that's what I thought (Score:3, Interesting)
or maybe part of him really wanted to know if he could squeeze a few quid out of The Enemy. Everyone seems sure he's innocent of this rather understandable human indulgence, when the email he admits to sending is at least indicative of a desire to get $10,000 from MS.
Re:Yes, that's what I thought (Score:5, Insightful)
Likewise, if they came and offered me an absurd fee such as $10, it'd be a natural conclusion for me to counter offer something that I *would* be willing to sell it for. I'd say that there are few privately held domain names that there isn't some purchasing price for. Even corporately held domain names would come with a purchase price, though that price might lump in the corporation. Eg, if I offered Adobe $700 billion, I'm guessing I'd come away with a shiny new domain name, and probably a new office building filled with employees to go with it.
My point is that just because the kid *was* willing to sell the domain doesn't make it a bad faith offering. None of mine are bad faith, and I'd easily sell any of them for 10 grand.
Re:Yes, that's what I thought (Score:5, Insightful)
Re:Yes, that's what I thought (Score:5, Insightful)
And seeing as this Mike Rowe has ownership over his name and plans to study computer science and makes no mentions to MS on his site, the case seems pretty clear to me. It usually takes a lot for WIPO to overturn ownership on a website, and I don't see any clear evidence that Mike Rowe was cybersquating. Come on, phonetic spelling in a written medium? And I'd just like to know how MS found his site in the first place. Do they have a phonetical analyzer?
Re:If you don't want this to happen to you... (Score:5, Insightful)
overuse of 'copyright infringement' (Score:5, Insightful)
I'd bet a nickel the reporter who wrote the first story and editor never looked up the difference between "copyright infringement" and "trademark infringement," and then the story was duplicated to other news services without anyone bothering to double-check it.
maybe they will go after (Score:5, Funny)
p.
Re:maybe they will go after (Score:5, Interesting)
My mom is the directory of a public library. She was working at the front desk one day a while back, and this paniciky old woman comes up to the desk practically in tears.
The woman is whispering: "I swear, I didn't do anything... I just happened... and it won't stop.... and I would never do anything like... and.... oh... my... I just went to check my email.... and...."
Yup.... you guessed it. She was emailing her grandkids, and typed "hotmale" instead of "hotmail". (Evidentally unleashing a storm of pop-ups) So, this sort of thing does happen.
Story aside, I don't see a problem with whoever registered "hotmale" which is a lot easier to confuse than MikeRoveSoft. To get MikeRoveSoft confused with Microsoft, the user would have to not only have serious issues spelling, but likely would have to have never seen the word in print. I can't beleive a user meeting those qualifications is going to be making any major software purchases soon...
Re:maybe they will go after (Score:5, Funny)
Your mom is a card catalog?
At first (Score:5, Interesting)
You're doing the Devil's dirtywork! (Score:5, Funny)
(yeah yeah, I clicked it too...the Devil made me do it.)
Well, this is one way to take his site offline... (Score:5, Funny)
The resulting traffic accomplished what their legal papers were previously unable to do...
Alas, he fell into the trap... (Score:5, Interesting)
So, from a "legal" standpoint, he is going to have a tough time of things. He plans to fight though, and I sure wish him luck!
mycrowsoft (Score:5, Interesting)
Don.
---------
Eatthepuddingeatthepuddingeatthepudding
I certainly hope that MS don't get away with this. (Score:5, Interesting)
...not because they are who they are (MicroSoft, who has de facto dominace over the desktop, and thus are evil according to the tinfoil-crowd), but because no one should be allowed to get away with something as silly as this.
Its not even like the name MikeRoweSoft.com sounds that much like MicroSoft.com anyway, at least not to my ears. Possible the pronocication is different in MS HQ, but... this is plain silly. It would have been a different matter if Mike Rowe had called his website MikroSoft.com, but as he didn't I can't see that even MS's battalions of lawyers can believe they have a case.
Re:I certainly hope that MS don't get away with th (Score:3, Interesting)
Mike == Mic, Rowe == ro, Soft == Soft.
The big thing here is that it's his name, he should have the right to his own name and to make a company with his name in the title.
Re:I certainly hope that MS don't get away with th (Score:5, Informative)
No, they're not evil because they dominate the desktop.
They are evil because they use that monopoly unfairly, to illegally (attempt to) dominate other areas. They are evil because of their unethical and illegal business practices: buying out or crushing all competition, secret agreements with vendors, spreading lies, putting profits over user experience and security, doing their utmost to prevent interoperability with other software and systems, continually breaking the spirit and the letter of anti-trust agreements, and much more.
Microsoft are evil, not because they dominate the desktop, but because, thanks to them, most people (think they) have no alternative.
Site died, content here (Score:5, Informative)
I don't think he saw the
Wow, all of this exposure is starting to overwhelm me. I appreciate all of the emails I have been getting recently. If I don't respond to you that doesn't mean I don't appreciate it, I have been getting flooded and I am only responding to the ones I see fit. I am starting to get coverage all over the world. I have heard I have been on the news in the UK. That really surprised me. Anyways, thanks for visiting my site. I will keep you updated on everything that is happening.
And on 15 jan 2004:
I received an email from Smart & Biggar, Microsoft's Canadian lawyers, informing me that I have been committing copyright infringement against Microsoft. They told me that I must transfer my domain name over to Microsoft as soon as possible. I was baffled by this email, yet thought it was funny at the same time. Microsoft was going after a 17 year olds part time business that he put a lot of time into just because it has the same phonetic sound as their company.
I responded to this email saying that I was not ready to give up my domain name since I had put so much time and effort into establishing my name, getting my business cards out and posting my services on the Internet. If I were to give up my domain, I would lose all the time and effort I had put into it. I requested that they offer me a settlement of some sort to help with me losing my business. A few days later I received an email back from them telling me that they would give me all of my out-of-pocket expenses for the domain name, which came to be $10USD. I was surprised that they would offer such a little amount of money to persuade me to hand my domain over to Microsoft. In response to this recent email, I sent one back to them describing how much work I have put into my business and that the domain was worth at least $10000. They refused to give me anything more than $10USD so I proceeded to ignore their most recent email. I didn't hear anything from them after their last email.
Yesterday, January 14, I received a package from the lawyers' office FedEx Priority Overnight. Inside I found a book over an inch thick with a 25 page letter explaining to me that I had all along had the intention to sell my domain name to Microsoft for a large cash settlement. This is not the case, I never thought my name would cause Microsoft to take this course of action against me. I just thought it was a good name for my small part-time business. In this letter it explains that Microsoft's customers could get confused between my page and theirs, which doesn't make any sense since Microsoft doesn't design websites. They do, however, sell a program called Microsoft FrontPage, which they say can cause some confusion between me making websites for my customers and them selling a program to make websites to their customers. I think it is just another example of a huge corporation just trying to intimidate a small business person (and only a 17 year old student at that) to get anything they want by using lawyers and threats. It reminds me of the Starbucks thing against the little coffee shop in the Queen Charlotte Islands.
Do they monitor the domain registry? (Score:5, Interesting)
In my eyes it seems like the overpaid lawyers that Microsoft keeps in it's stable wanted to give the impression of actually doing something
My name is Nick Evans... (Score:3, Interesting)
And, more importantly, my likeness without my consent?
(This would have been a lot funnier if he still owned the just nickevans.com domain that had a flash page with a big picture of him on it, but he doesn't anymore...)
Google Cache, www.mikerowesoft.com (Score:5, Informative)
M$ Legal (Score:4, Funny)
The article at the Register says:
"Mike told us that when an email from Microsoft's Canadian lawyers Smart & Biggar arrived on 19 November..."
IHNJH, IJFLS "Microsoft's Canadian lawyers Smart & Biggar"
-mm
charles dickens couldn't have written it better
Google cache of site... (Score:5, Informative)
blowmesmartandbigger.com? (Score:5, Funny)
No... my name is not Blowme Smartandbiggar. Nor is it Blowme S. Andbiggar.
\\signed\\
Blow M. Smartandbiggar
I expect M$ to win this (Score:5, Insightful)
He registered the domain in August because he thought it would be cool to have a site that sounded like the famous company to show his Web designing skills.
Well, that's exactly what a trademark is supposed to protect against; someone else using your brand-name for their own purposes. And because the way the trademark law works, Microsoft has to defend their trademarks; writing letters, suing; or else they risk the trademark being generic; free for anyone to use.
Microsoft may be an evil corporation, but I can't blame them for protecting their main trademark.
That the defendants name is Mike Rowe is interesting, but I personally think it is clear that mikerowesoft is intended to look alike and benefit from the name recognition of "microsoft". Mike Rowe can easily invent another domain name that includes his name and build his own brand name without leeching on Microsoft.
Re:I expect M$ to win this (Score:5, Informative)
So why hasn't Microsoft gone after support.mycrowsoft.com [mycrowsoft.com]?
Re:I expect M$ to win this (Score:5, Insightful)
I agree that it's regretable that he turned their insulting offer into a respectable one, thereby appearing to be a squatter. I've always been a firm believer in the ability for individuals to register domains based on their name, and this is a good example of that. Hopefully the judge will realize why he made the offer and won't just make him out ot be a squatter based on that alone.
RP
Re:I expect M$ to win this (Score:5, Insightful)
There's a pretty substantial body of case law covering people whose names happen to conflict with trademarks that have been established by major corporations. Any individual case still comes down to the particulars of the situation, the quality of the legal representation, the biases of the judge/jury, and the phase of the moon, but there are still some patterns.
A guy named McDonald who wants to use his name on a restaurant would probably be out of luck, but if he were opening an electronics store, he'd be OK (and could probably even defend his ownership of mcdonalds.com... if he'd registered it before Kroc's outfit did).
Mike Rowe is probably going to lose this. Not because his registration was "in bad faith" (he pretty clearly intended to use the domain for himself, and only asked for $10K after Microsoft made him a lesser offer), but because of the underlying trademark conflict; the domain registration is only the tip of the iceberg. He's trying to use the name MikeRoweSoft in one of the same categories of business that Microsoft is using their name. His best defence is that no one would seriously confuse the two companies. The fact that it's his name might score him a point with a sympathetic judge. But unlike copyright law, trademark law doesn't recognise parody or irony, and I think the phonetic similarity of the two will prevail. And if he loses once, there's no way he'll be able to afford an appeal.
Re:I expect M$ to win this (Score:4, Insightful)
Besides, the kid is a minor. As far as I see MS had created an entrapment situation for him by offering to sell the domain name.
He already had some content on his website prior to the incident, so the domain was not standing there under construction, doing absolutely nothing.
Re:I expect M$ to win this (Score:5, Insightful)
Fact Checking? (Score:3, Insightful)
So The Register readily admits that they haven't seen a shred of evidence other than this kid's word that this has taken place?
Computer Gook? (Score:5, Funny)
Is this a typo or have I been left behind in the newest slang update? I feel so old.
1st rule: SHUT UP AND GET A LAYWER (Score:5, Insightful)
SHUT UP AND GET A LAWYER!
The second most important rule:
UNTIL YOU HAVE A LAYWER, STAY SHUT UP.
Suppose somebody contacts you and says:
"You are in violation of our copyright [sic] on our site - give us the domain or we'll sue!"
The proper response is something like:
"Very interesting - OK, please give me the contact information for your law firm, and I'll have my attourney contact your attourney. I prefer to have all furthur contact through my attourney, so please route everything through your legal group."
If they persist in contacting you directly, inform them firmly that all furthur contact should go through their attourney to yours, and any direct contact is harrassment.
In a case like this one, where you ARE being contacted by the other side's legal department, then you should GET AN ATTOURNEY LICENSED TO PRACTICE IN YOUR AREA. First thing. Then route all contact through him.
Otherwise, shut up - say nothing to the other side. While it may be a civil matter rather than a criminal matter, remind yourself that "Everything I say will be used against me in court."
Re:1st rule: SHUT UP AND GET A LAYWER (Score:4, Insightful)
Yep (Score:5, Funny)
Sounds about right. Microsoft customers (by definition) are not the brightest cookies out there. Case in point, Clippy.
Brilliant! (Score:5, Interesting)
You're a big company. YOu're huge. You are very, very controversial. When intelligent, well-informed people think about you and your business tactics, they combine images of alien zombies with all-encroaching slime-mold and a coven of satanists whose approach to product design and quality control issues is limited to ferrying suitcases of cash to Washington.
It has been proven in courts of law that you steal code and suppress competition. It is well-known that you are cavalier towards other people's patents and copyrights and fiercely protective of your own. In short, you are scum.
So What is your optimal startegy? In order to keep the great ordinary from hearing that you are scum so often that it clicks one day (I'm paying WHAT?!! HOW?!!), you have to control as much opinion as you can and a websight on a domain that is easily associated with your name is very dangerous to you at; least psychologically and at worst, materially.
It's got to work on your nerves. It has to make things run through your head.
A site on a domain like that might be used to report every time your blithe unconcern for security costs your customers billions; it might be used to post wonderfully funny pieces about how your founder is a, vulgar, fast-food munching, nerd with documented B.O.--a loser who couldn't have gotten a pity-screw from a nymphomaniac saint until his net worth was in the *billions* and even then, as the world's richest man, his choices were limited to an employee who looks the worse for wear--who looks more and more like a frump with a case of nerves in each royal portrait.
When you've little to offer but a lot to lose, you have to control what people say about you. You have to find the channels and close them: it's a trend that shows your internet savvy which is why 'Georgebushsucks.com' used to take you to a site and ask you for a contribution to his campaign.
Sorry to hear they didn't just pay the damned kid. One thing about being scum is the psychological inability to realize that writing the kid a check--even one for ten times what he asked for--with a handshake and hinting at an internship one day would beat all hell out of reaching for your lawyers and generating news coverage that proves that even your worst critics are dead right about you.
Of course, if their mindset embraced ideas like this, they would have leaned harder on their quality than on their lobbyists and the would have had nothing to worry about in the first place.
You've got to love it....
Mike Rowe Computer store. (Score:4, Interesting)
Looks like it has gone out of business now, but I wonder if it's somehow related... ?
Good god.. (Score:3, Interesting)
If a guy takes his own name and adds 'soft' in the end, there's a fair chance that it is really just an innocent coincidence.
Question: People tend to use their own name when marketing professional, creative services. Does Mike Rowe has more moral rights to use his own name than Microsoft has rights to dictate the use of common word 'soft'?
Yeah, it's the law, I know, but the world where I thought I was living there were things like 'corporate image'. But it seems that we are reaching a phase where some players don't have to care anymore. Enormous amount of bad publicity over a small matter which does not mean ANYTHING and does not pose any harm to MS as a company. Scary.
Can _anyone_ present even one remote possibility on how the domain mentioned could possibly cause any problems to Microsoft? I guess the pronounciation is more of a problem to Mike himself - if he tells eg. via phone some potential client to send mail to mike@mikerowesoft.com, it might end up into mike@microsoft.com.. and if you tell someone to go to microsoft.com, nobody figures that in their heads as 'mikerowesoft.com' - maybe more of the opposite. And that's still Mike's problem.
But what MS should very well know is that a case like this, based on some damn pronounciation, would gather attention. Negative attention. This is *so* weird. I mean really, really, weird PR from Microsoft.. even a bit unprofessional.. starting all the way from that $10 trick :P
Based on the Nissan.com Case ..... (Score:5, Informative)
I think if he does get enough support, he probably should fight back. But it brings another case of the Nissan.com domain to me in which the domain name can't be used commercially.
What I thought was very interesting about the case was mentioned in the FAQ to the Nissan.com case. [ncchelp.org] It said
In the www.MikeRoweSoft.com case the interpretion is weaker as the similarity is "phonetic" which is really quite fuzzy, compared to the actual presence of the word "nissan" in the domain name. Despite this the original owner of the Nissan.com domain could not prevail.
If you go to the website Nissan.com you see the following Notice: In compliance with a ruling issued by the United States District Court in Los Angeles on November 14, 2002, in the lawsuit of Nissan Motor Co., Ltd. v. Nissan Computer Corporation, this web site has been converted to non-commercial use.
The story from the Domain Name Handbook was [domainhandbook.com]
So, I guess, I could see something like this happen. Mike Rowe may be ordered to post a prominent disclaimer of any connection to Microsoft Corp and refrain from displaying any computer-related information. IANAL.
In other news... (Score:5, Funny)
Mr. Mike Rosoff of Kennebunk, Maine is especially worried, because he has received a cease-and-desist letter from Microsoft lawyers claiming that his social security card, driver's license, passport, and all items using his birth name are infringing on copyrights.
More on the story as it develops...
--Mark
__:-b
Pronunciation of Rowe (Score:5, Interesting)
Mikerowesoft, Lindows, what's the difference? (Score:4, Interesting)
Holydays work : please help your friend... (Score:5, Funny)
Your friend Microsoft is lost in the maze of IP infringement.
Please help him to find out all the names used by evil hackers who want to steel mighty things from your friend.
Because there are so many bad boys in the world that speak strange languages,
help your little friend Microsoft to get every occurence of name spelling that can sound like his very own name.
Of course in english, our friend Law Yer has just come with the evil name : Mike Rowe Soft, so this one can not be proposed.
When you have finished this game, hand out the answer to your dad or your mom and go on to the next game.
For instance, in French
[mi | my] [c | k | que] [r] [o | au] [ss] [o | au] [ft | pht]
Microsoft is just covering their asses (Score:5, Interesting)
trademark, dammit (Score:5, Informative)
However, if Mike Rowe's use is non-commercial, Microsoft's action is unnecessary and the shouldn't prevail (but it's probably too costly to fight them).
Other Domain Spats: (Score:5, Funny)
HenWeigh.com - Being sued by Jenny Craig, settlement offered of $15 in McDonalds Gift Certificates
ShoBullshit.org - Next on the list for SCO for misleading location of mystery source code backed up on mothership hiding behind Venus.
MyLittleBoy.net - Sued by Michael Jackson for misleading name. Settlement reached at 100 little Sailor outfits with various sizes.
MajorWoody.us - Major Horace Woody has apparently given Woody Woodpecker a bad name. The Pecker and Woody are working out a deal out of court however.
FamilyLove.net - Pending legislation by the State of Arkansas's Singles site, FamilyLovers.net.
SlashingDot.org - In close contact with Cowboy Neal as geeks to not want to be confused with a "News for Serial Killers" site.
gaggle.com - Upsetting google.com, but google is unwilling to start gang warfare as drive by DoSes sometimes comprimise innocent networks.
DeathRow.us - Death row inmates suing for misrepresentation of convicted criminals actually on Death Row.
Garbage.com - Also being sued by Microsoft for copyright infringement of copyright. Alleges that this name is a common slang for their products in knowledgable circles.
M$ must be eliminating sound-alikes... (Score:4, Informative)
It's official. (Score:5, Informative)
Software giant threatens mikerowesoft [zdnet.co.uk]ZDNet.co.uk,UK-8 minutes agoMicrosoft has set its lawyers onto a 17-year-old software writer from Vancouver, called Mike Rowe, because he has registered MikeRoweSoft.com, which the
Microsoft not pleased about mikerowesoft website [ananova.com]Ananova,UK-3 hours agoA Canadian teenager called Mike Rowe who added the word soft to his name for his website title, has been ordered by Microsoft to hand over the domain.
Microsoft won't go soft on Mike Rowe [canoe.ca]London Free Press,Canada-4 hours agoVANCOUVER -- Like any good fledgling businessperson, Mike Rowe knew
Microsoft lawyers threaten Mike Rowe (17) [theregister.co.uk]The Register,UK-5 hours agoIn what could easily be mistaken for an Onion story, Microsoft has unleashed the full fury of its lawyers on 17-year-old Canadian high-school student, Mike Rowe
Mike may be Rowe, but 'soft' is trouble [nwsource.com]Seattle Times,WA-7 hours agoBy The Associated Press. VANCOUVER, BC - Mike Rowe knew he needed a catchy name for his Web-site design company. But the folks
Big bully Gates targets teen [indiatimes.com]Times of India,India-8 hours agoVANCOUVER: No matter what Shakespeare said on the theme of nomenclature, Microsoft has thought it fit to sue a teenager whose domain name is a lot like the
Microsoft vs MikeRoweSoft [iol.co.za]Independent Online,South Africa-10 hours agoVancouver, British Columbia - Mike Rowe thinks it's funny that his catchy name for a website design company sounds a lot like Microsoft.
Microsoft takes on teen [news.com.au]NEWS.com.au,Australia-10 hours agoMIKE Rowe thinks it is funny that his catchy name for a Web site design company sounds a lot like Microsoft. "Since my name is Mike
Langford student battles tech giant over use of his domain name: [canada.com]Canada.com,Canada-Jan 17, 2004Mike 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.
Microsoft vs. Mike Rowe Soft [wistv.com]WIS,SC-47 minutes ago(Vancouver, British Columbia-AP) Jan. 19, 2004 - It's Microsoft versus Mike Rowe-soft. Mike Rowe, 17, wanted a catchy name for his Web site design company.
Support CD Baby [p2pnet.net]p2pnet.net,Canada-1 hour agoBecause Mike, who lives in Victoria on Vancouver Island in British Columbia, Canada (and a short drive from p2pnet.net's thriving central base : ) makes a
Microsoft Talk Legal to 17 Year-Old Owner of MikeRoweSoft Domain [shortnews.com]ShortNews.com-2 hours agoMike Rowe, 17, from British Columbia, Canada decided to start up a small web business and called his domain MikeRoweSoft. Smart
Microsoft Corporation vs MikeRoweSoft [officialspin.com]OfficialSpin-3 hours agoVictoria, British Columbia -- (OfficialSpin) -- 19/01/04 -- A 17 year-old high school student, Mike Rowe, who just so happens to earn a few extra bucks...
Microsoft demands teen to give up domain name [statesmanjournal.com]Salem Statesman Journal,OR-7 hours agoVANCOUVER, British Columbia - Mike Rowe knew that he needed
Even partial similarity can get you sued (Score:5, Interesting)
Companies have been known to sue even when even just one portion of the name is similar. There was another case recently that was similar in that it involved a big American company going after a tiny Canadian outfit. In this case, Starbucks (no doubt the provider of cafeine to many /.-ers) sued Haidabucks Cafe [haidabuckscafe.com], a small cafe owned by Haida Indians in Masset, British Columbia. The names are obviously quite different, both in writing and in speech.
Fortunately, they stood their ground and obtained
the services of a top notch law firm [arvayfinlay.com] and a web site designer [2baldwins.com], with the result that Starbucks backed down. That's a good thing, and not just for them: boycotting Starbucks is tough!
Damn ... (Score:4, Funny)
I complained, MS responded.... (Score:5, Interesting)
Re: MikeRoweSoft.com
Background located at:
http://www.theregister.com/content/6/34955.h
This is not acceptable, moral behaviour on your part.
I will remember this when I need to make my next software selection/purchase.
Alan
Hello Allan,
Thank you for contacting Microsoft.
We take our trademark seriously, but in this case maybe a little too seriously. Under the law companies are required to take this type of action to protect their trademark against widespread infringement. That said, we appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law.
Should you have further questions, feel free to write us back.
Sincerely,
Jing
Microsoft.com Customer Support
Re:What? (Score:3, Informative)
www.mikerowesoft.com.
That's enough to call MS's lawyers into his backyard.
They offered him 10 canadian Dollars for his domain. He was not amused.
Get it now?
Re:What? (Score:3, Interesting)
Re:What? (Score:4, Informative)
Mike Rowe owns the domain MikeRoweSoft.com
Microsoft objected and offered to take it off his hands for "out of pocket expenses" rather than suing him into oblivion. Given that Mike's expenses were about $10 and that he had spent time and effort building up a web presence based on his own name, he made a counter offer of $10,000.
Now Microsoft is claiming Mike Rowe is trying to domain squat for profit and bringing out the big guns.
Re:What? (Score:3, Funny)
At any rate, he is clearly infringing on the Microsoft trademark. Imagine if someone could call themselves "Gee Em" and start selling cars, or if a company adopted the name "Eye Bee Em" and started selling computers and consulting services.
Re:What? (Score:3, Informative)
I fail to see how anyone could connotate "geeem.com" with "gm.com" and "eyebeeem.com" with "ibm.com" just as much as I doubt one would confuse "mikerowesoft.com" with "microsoft.com". I suppose it might be possible for non-native English speakers using Babelfish for
Re:What? (Score:5, Insightful)
Re: (Score:3, Interesting)
Re:Sounds fishy... (Score:3, Informative)
Re:Just Great (Score:3, Insightful)
Re:Just Great (Score:4, Insightful)
Re:Just Great (Score:5, Funny)
2. put dot com after it
3. sued by big corporation
4. ???????
5. profit
Re:Just Great (Score:4, Insightful)
Allow me to edit #2 for ya there:
2.) put another few letters on the end, thus ensuring that the name sounds like a trademark, then put dot com after it.
Re:Just Great (Score:5, Funny)
That right! If the stupid Canadian education system had done its job and made Mr Rowe a legal expert on the subject of domain disputes, none of this would have happened.
Silly student, domains are for large corporations!
Re:I wonder who is going to win. (Score:3, Funny)
Free range lawyers. Heard those are good eatin'! Much better than the stalled lawyers, that are all stressed and fed hormones and stuff.