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Vista, Back To The Drawing Board

2 replies [Last post]
supermike's picture
Joined: 2006-02-17

You know, it would be quite mean, and actually quite funny, if, now that Microsoft has sent Vista back to the drawing board, to somehow trademark that name for some software package and claim that Microsoft cannot use it. Then, get the case ready. When Microsoft finally wants to release Vista, pounce on them, giving them a dose of their own medicine, forcing Microsoft to have to rename it to something like Smell, Sound, or Taste.

However, as much as we want to do this, unfortunately we know that we want Microsoft to reap what they sow, and that means we must set our own good examples, ourselves. (Darn it, supermike, I thought you were going to mention some GNU/Linux-based software company preparing to do this!)

I'll never forget the court testimony I read in the news a few years back when the judge scolded Microsoft for trademarking "Microsoft Windows". He said to the Microsoft lawyers, "I don't know how you managed to trademark 'Windows'. I certainly would not have permitted it. How the heck do you claim your software is an ordinary object name and get away with it? Can I release a software package, call it Doors, and prevent anyone else from coming out with a software package named [insert your company name here] Doors?" (paraphrasing, of course) He had a good point. Ha ha.

libervisco's picture
Joined: 2006-05-04

I think it would not be possible to trademark Vista sooner than Microsoft would. Actually, I'm sure they are already in the process and with all the money I doubt anyone can trademark the name before them. However, their trademark isn't "Vista", but "Windows Vista" and possibly "Microsoft Vista" which seems to be completely legal under the trademark laws meaning that they can use this name at the same time as someone else can use just the name "Vista" and no suit should happen in either direction.

I think common names are also trademarkable under the law today and is being commonly done. It seems that it isn't so outrageous anymore to trademark a common word, but we shouldn't be surprised, with so many worse legislations out there, trademarks on commonly used words seems like a too small a problem right now...

tbuitenh's picture
Joined: 2005-12-21