
Windows Vista Faces Lawsuits 509
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.'"
What about Apple? (Score:5, Funny)
Why did they not just call it "Mac OS X" then? Vista... geesh.
Re:What about Apple? (Score:3, Funny)
Vista? For this crowd, a much more appropriate name for something coming from Redmond would be mallochio.
Re:What about Apple? (Score:3, Insightful)
Re:What about Apple? (Score:4, Funny)
Re:How about Curtains? (Score:5, Funny)
They should call it "Quits".
^=====^
BAM! (Score:5, Funny)
</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.
Re:BAM! (Score:3, Funny)
Fortunes can be made by waiting until the product comes out. After it sells in the millions (and millions), THEN you slap them with a lawsuit. This way you can take a cut of their profits from the products already sold, and tell them that your own business is 'irreparably damaged' because of the confusion.
Why sue BEFORE any money has been made?!? That's just a warning.
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.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:3, Informative)
I have no idea if it would apply in this particular instance.
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:3, Insightful)
Mike Rowe soft ?
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...
Re:Preemptive strike... (Score:3, Funny)
Re:Preemptive strike... (Score:3, Interesting)
Re:Preemptive strike... (Score:3, Insightful)
Lawyers make laws.
Lawyers make laws designed to create business for lawyers.
Personally, I find these law suits horrible, depressing, and a clear example of corruption of the legal system.
Re:Preemptive strike... (Score:3, Insightful)
Congress makes laws, not "lawyers." Though a large percentage of Congressmen/women are/were lawyers, they don't make laws to make lawyers money. They make laws to, in theory, make life function more smoothly. Imagine this scenario: You go into a store to buy some mouthwash. You see a bottle of Scope and a bottle of Scope. Which do you choose? You don't know you say? You can't tell the diffe
Re:Preemptive strike... (Score:3, Insightful)
Newsflash: Life is complicated. The law reflects an attempt to deal with life. Example: The law starts out simple: no vehicles in the park. What does it mean? No motorized vehicles? No bicycles? If the intent of the law was to protect people in the park, that means bicycles are banned because someone could easily injure someone else using a bicycle. If it is to
Re:Preemptive strike... (Score:3, Interesting)
-truth
Buy Him Out, Boys! (Score:3, Interesting)
How often do people drop the term "Windows". I mean, it's called 95, 98, ME, XP, NT, so why do you think it will not be called simply "Vista". Microsoft can't change the name (Well, they could, but it's unlikely because there's a huge marketing machine in place). They could, of course, could drag it through the courts, but that would be unwise PR-wise (Cue up the "Microsoft steamrolls
wxWindows (Score:5, Interesting)
Re:makes sense to me (Score:3, Funny)
Yes: Hasta la Vista, Windows
I think.. (Score:3, Insightful)
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:2)
It's perfectly reasonable to think that someone knows what "Vista" means.
I also think a problem with a lot of products nowadays is that these companies who are making the product are afraid of losing the public user, and are consequently "dumbing down" the software - name, interface, you name it. To me this is aggravating the situation, not
Re:I think.. (Score:3, Insightful)
Re:I think.. (Score:3, Insightful)
They don't have to assume anything, only stick to the facts. Like usually ms is assuming too much and ignoring the facts.
Re:I think.. (Score:2, Informative)
Expect to
Re:I think.. (Score:3, Interesting)
Good point (both of you who have replied so far); However, I have 2 arguments.
One, as far as marketing goes, you should always pick something attractive that is going to appeal to your target audience. Microsoft, I'm assuming, is targetting the home user with little desire to learn computing; They want to just do it. My premise could be flawed, but I'm sure MS has something similar in mind if not that. Anyway, "Vista" isn't exactly something I would peg as attractive, or common to the desired userbase.
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)
Re:Lets just call it by its true name... (Score:2)
Re:Lets just call it by its true name... (Score:2)
Re:Lets just call it by its true name... (Score:3)
Already have TM (Score:3, Interesting)
It confuses me. (Score:5, Funny)
Interesting post, but.... (Score:2, Insightful)
I still think Microsoft should pay up for their mistake, but when someone with this kind of nickname posts about microsoft, its bound not to sound objective or credible.
The Terminator Kills Your PC (Score:5, Funny)
Odd name choice (Score:5, Funny)
Uh, wouldn't "Windows Hegemony" have been a better choice?
Better names (Score:2)
Re:Odd name choice (Score:2)
Maybe David Burd needs a visit from the SBA, to make sure he's all licensed up. It'd be a pity if he was running his company on "pirated" software.
I have the following proposed names for the next OS:
Windows "Monopoly" (TM)
Windows "Shitball" (TM)
Windows "Bukkake" (TM)
Re:Odd name choice (Score:3, Funny)
Windows Herpes, Windows Gonorrhea...
It would seem to more accurately reflect Windows does to your computer.
Don't they know about www.uspto.gov? (Score:5, Interesting)
Re:Don't they know about www.uspto.gov? (Score:3, Insightful)
Re:Don't they know about www.uspto.gov? (Score:2)
Re:Don't they know about www.uspto.gov? (Score:3, Insightful)
Re:Don't they know about www.uspto.gov? (Score:3, Insightful)
The brandname is actually MacOS X. Transitioning to a new OS can be very risky (and there's numerous failed attempts in computing history), so Apple obviously wanted to emphisize you were still using MacOS (even though you weren't
So, no, it's not like Apple doesn't care about branding (are you fuckng kidding?!?) -- "OS X" was a fairly boring name by design.
In
Re:Don't they know about www.uspto.gov? (Score:2)
As for the guy suing, I see two possible reasons....either he's just protecting his company and after MS, or he thinks that if he raises a big enough stink, they might pay him off or buy him out, either way he w
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...
Re:MS Team named it? (Score:2)
The code name for the processor that NT was designed to target was "N-Ten", so this OS/2 fork was internally called "NT". Then, some guy in the NT team, not in the marketing department, comes up with something to make NT into an acronym - "New Technology". Marketing loved it. Windows NT 3.1 was released in 1993.
Re:MS Team named it? (Score:3, Funny)
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.
Garmin, too (Score:2, Interesting)
Years (Score:3, Funny)
After all, Windows 2017 has a nice ring to it...
Naming tradition (Score:5, Funny)
Re:Naming tradition (Score:2, Funny)
Windows Equals Parentheses
Doesn't really make sense if you ask me.
Re:Naming tradition (Score:3, Funny)
always the copy cat, never the tiger (Score:2)
Let's just remember... (Score:2)
Re:always the copy cat, never the tiger (Score:3, Funny)
Actually, even Windows XP is already 100% capable of "mimicking" Tiger: desktop search, graphical scripting, widgets, RSS, AV chat, etc., it's all there as add-ons, from multiple sources.
The only thing Apple is doing differently is that they are bundling all this stuff with their OS.
Synonyms for "Vista" (Score:5, Funny)
Re:Synonyms for "Vista" (Score:2)
Remember Lindows? (Score:2, Interesting)
I can see it now "Was that Windows Vista (tm) were were supposed to buy, or MontaVista (www.mvista.com) Linux?" I'm so confused...
It only gets worse once M$ Windows Vista goes embedded considering MontaVista is the #1 embedded Linux vendor on the planet
Re:Remember Lindows? (Score:2)
"Lindows" postdated "Windows" by quite a bit, and while I think that it was a rather clever and intuitive pun (a Linux distribution that looks like Windows), it's also a no-brainer that it's asking for a trademark infringement suit -- two OSes from different companies where the name differs by a single character...
And, frankly, Windows Vista will probably get more marketing dollars than
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.
Re: (Score:2)
5 steps to sucess (Score:2, Funny)
2. ???
3. wait for a big company to use the same word.
4. sue their ass.
5. profit!!!
They used MSN Search to look for it... (Score:5, Funny)
Actually, this move has precidence (Score:2)
You might not remember, but when XBox came out, there was quite the hubub locally (where I'm at). The XBox name was in use here by a firm in Michigan, at least a few years before the XBox's release (1999).
Microsoft quietly handed this company a rather sizable sum of money [out-law.com]. The company founders were millionares many times over (the rumors place the settlement in the low 20 million range).
If I was a me
i wanna know (Score:5, Interesting)
Settlement Awaits (Score:2)
Microsoft doesn't normally give in if they've made an announcement already, but I still fail to see the attraction of a name like "Microsoft Windows Vista ____ Edition SP#". It sounds like an unneeded add-on or "plus" pack rather than a new baseline for oper
Finaly a lawsuit I can get behind! (Score:2, Funny)
Heck, why call it Windows Vista, when Windows Fiesta! sounds even worse?
Re:Finaly a lawsuit I can get behind! (Score:5, Funny)
How about "Windows Fiasco!"?
Just what is beyond Windows? (Score:3, Funny)
XBox Technologies (Score:2)
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.
Re:Connections with the SCO group (Score:3, Interesting)
Also note that Vistas CFO is Bob Bench, formner CEO of SCO.
Re:Connections with the SCO group (Score:3, Interesting)
Mark LeMay, the latest beneficial owner of Vista.com, was reportedly involved in a now-bankrupt point-of-sale consulting business. The business was a public stock ASPE.pk (Aspeon aka Aspeon Consulting) renamed from Javelin systems (Nasdaq JVLN) Aspeon has a few recent SEC filings, related to changing bankruptcy directors.
Aspeon built point-of-sale terminals for McDonalds, and were the first to roll out Window NT retail terminals.
SCOX provides the OS for McDonalds store terminals, so this
_windows_ (Score:5, Interesting)
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)
You'd still see press saying John Wall was not amused...
Great Publicity for Vista.Com (Score:5, Interesting)
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)
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.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)
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)
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)
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)
Re:That name sucks (Score:3, Informative)