Windows Campaign Violating Trademark?

[HaZ]

Microsoft is being targeted by a startup company going by the name ‘G.ho.st’ in an apparent claim that Microsoft is violating a company trademark.

Windows Campaign Violating Trademark? : Read more

 

[megamanx00]

Meh.

 

[emp]

Lovely... a starting company trying to make a quick buck out of microsoft. This is the very reason why innovation comes to a halt.

 

[gm0n3y]

"G.ho.st has not officially trademarked the phrase and has only filed an application to do so, on the same day that it had sent Microsoft the original letter – last Tuesday."

They haven't a chance. I guess they're just hoping for a decent settlement.

 

[antonbar]

Note that G.ho.st has the "No walls" trademark by the virtue of use (http://books.google.co.il/books?id=n3p-cmJ1mC0C&pg=PT282&lpg=PT282&dq=trademark+law+%22virtue+of+use%22&source=web&ots=HClc-d2CXq&sig=4dtISnXx8ob2XrkHj66DU2_kfwU&hl=en&sa=X&oi=book_result&resnum=1&ct=result).

There's no need to register in order to get this right.

Cheers,
Anton.

 

[gm0n3y]

Yes, antonbar, but good luck winning a lawsuit against M$ without it.

 

[Scooder]

MS can royally eff up their advertising campaigns on their own, thank you very much. They don't need help.

 

[TwoDigital]

Anton: the case you reference is valid in-so-far as it shows that 'virtue of use' is required over 'intent to use' as a measure of defacto trademark. However, I'm not aware of a precedent for a non-tradmarked advertising slogan being upheld as a basis for a cease and desist action as G.ho.st is trying to pursue in this letter.

 

[Guest]

lol lamer startup businesses... this is part of the reason Americas economy is crashing and burning... because they don't' innovate they just "steal"

 

[Guest]

Well, it looks that this G.ho.st is getting cheap publicity ...
What would they want more ? I bet no one ever heard about them before this "newsflash".

 

[apoq]

Am i the only one who finds registering catch phrases to be totally retarded??

 

[starhoof]

well... mabye i can sue them both too.... because my moto is "I live without walls" but i dont have it licensed.... but still....

 

[zvi]

In trademark law you accumulate rights by virtue of use - with or without registration. When G.ho.st applied for a registration recently, it was applying to register legal rights in the trademark NO WALLS which G.ho.st had already accumulated by public use of the trademark NO WALLS since April 2007, 17 months before Microsoft first used it.

Clearly Microsoft have no right to use the same trademark (or minor variations) as a much smaller competitor, and even though we are much smaller we will do our best to protect our intellectual property rights and not get bullied.

Zvi Schreiber
CEO, G.ho.st

 

[ossie]

micro$uxx just gets its own medicine...
lindows anyone?

 

[Guest]

Sorry, but to me it seems just like a little try to get big attention.
Trying to get company name mentioned everywhere.

I'm not talking of trademarks (no idea about USA's laws) - but just about trying to get cheap publicity.

 

[antonbar]

moriarty, would you seat aside quietly and watch MS stealing YOUR trademark, just because any attempt to protect it would look like a "little try to get big attention"?

 

[lolcopter]

HA HA. The claim is so broad. You americans will sue over anything. I hope MS crushes you and then buys you out and releases your product as freeware beta and then retrenches everyone and sell off the assets for 50c. PWNT. Everyone is suing everyone over every little thing because they have nothing worthwhile to bring to the market. Always the little fish trying to be a big fish.

 

[smalltime0]

"In trademark law you accumulate rights by virtue of use - with or without registration. When G.ho.st applied for a registration recently, it was applying to register legal rights in the trademark NO WALLS which G.ho.st had already accumulated by public use of the trademark NO WALLS since April 2007, 17 months before Microsoft first used it.

Clearly Microsoft have no right to use the same trademark (or minor variations) as a much smaller competitor, and even though we are much smaller we will do our best to protect our intellectual property rights and not get bullied.

Zvi Schreiber
CEO, G.ho.st"
I believe that is only true if the defacto trademark is actually known to anybody but the three people who made it.

 

[Guest]

It's true that you acquire trademarking rights by virtue of use, without or without registration. But according to Cornell's trademark resource page, those rights a *very* limited. The best thing to do is to register the trademark with the USPTO as soon as possible, instead of waiting until a trademark issue pops up.