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Microsoft sues 3 men, charging infringement
Posted by Spy August 22, 2006 9:07 AM with 4 comment(s)
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When is a Web site like windowshome.info not a Microsoft Web site?

When it's a site operated by three people, including two Utahns, designed to trick people into thinking it's a Microsoft site. So says Washington-based Microsoft Corp. in a lawsuit filed Monday in U.S. District Court in Salt Lake City.

The suit says that Jason Cox of Albuquerque, Daniel Goggins of Provo and John Jonas of Springville, as individuals and also doing business as Jonas and Goggins Studios LLC and Newtonarch LLC, infringed Microsoft's trade and service marks by registering Internet domain names identical to or confusingly similar to Microsoft's trademarks and service marks.

The suit lists 324 such domain names that Microsoft charges infringe on its Age of Empires, Halo, Hotmail, Microsoft, MSN, Windows, Windows XP, Xbox and Xbox Live marks. The list includes 1microsoft67.info, 1halo2home.info, 1microsoftexcel37.info, 1msn59.info, 1windowsxp36.info, 1xbox52.info, ageofempiressite.info, halo2player.com, halo2online.info and windowshome.info.

"When a person looking for a Microsoft Web site lands on one of the defendants' Web sites, that person may click on one of the advertisements or hyperlinks on the site either because the person finds it easier to click on the advertisement or hyperlink than to continue searching for the Microsoft site, or because the person mistakenly believes Microsoft has authorized or endorsed the advertisements or hyperlinks," the suit states. "In either case, the person has been diverted from the Microsoft Web site he or she was seeking to visit, and Microsoft has lost that opportunity to interact with that person."

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Source: deseretnews.com

Comments

 

DKnight2066 said:

Greetings Everyone,

 It occurs to me to ask the question:

 "Which is worse? Microsoft, or the Legal System that allows their pointless antics?"

 If I founded a website at "www.officehome.org", dedicated to selling supplies for offices and small-businesses, would be be facing a law suit? This recent spate of lawsuits by Microsoft is based upon the premice that Microsoft holds exclusive rights to the words "Windows", "Office", "Outlook"...etc..etc. That would be akin to me saying that I own the exclusive rights to the word "Laptop", just because I use one for all my computer needs. It's absurd...

 Since we're on this subject, why doesn't Microsoft sue Bink.nu for using any type of images or icons that are similar to ones Microsoft created? Nevermind that this site is for information only, and is strictly non-profit. They have the power and money, why not go for it?

 Without revisiting the whole Lindows mess, in it entirity:
 Microsoft stifles anything that may hurt it's market shares. A website, a product, and idea. It has to be their product, service, or idea, otherwise it's suddenly a bad thing. If we truly believe in free enterprise and a market where competition keeps innovation alive, then antics like this need to be stopped.

 But then again, we're talking about the most powerful company in the world....whats stopping them? Certainly not governments that fine them a few million, which is "chump change" to them. Certainly not court rulings that order them to do this and that, then give them years to comply. Nope, this is something I don't see happening, and consumers will suffer for it.
August 22, 2006 8:20 PM
 

Spy said:

But they did have a go at bink.nu!!!  This site used to be called windowsxp.nu!  And MS also request Bink remove all MS logos from this site...the only ones you see are offically approved from the MS press site.
August 23, 2006 8:51 AM
 

Andrewft65 said:

Free enterprise is a term used by big corporations, and Governments, speaking for big corporations. The legal system is built by the rich and powerful to protect the rich and powerful, designed to intimidate "normal" people into complying with a system (built by the rich and powerful!)

To join the club, you have to find something that can make rich people richer. Then you can "buy" the legal system (the establishment). Obviously rich people occasionally fall out, (usually jealoucy or fear), and fight amoungst one another!

Communism failed because there was no incentive to work, capitalism will fail, because few people are prepared to work hard for a meager wage, when they see how much money they make going into rich people's pockets! Just because we have technology will not stop us going the same way as the previous "great civilizations".

"Sue me!", if you thing my statement libelous.

"Flame me!" if you have no money! ;-)

August 23, 2006 11:03 AM
 

DKnight2066 said:

To: Spy - I rest my case. What you described is exactly the kind of blatant misuse of the legal system that I was discussing earlier. Here's Bink, himself MSCE certified, being threatened by the very company he supports on his website! He never claimed to be even remotely "official" on a single page of his site...and yet what you described really happened. And all this happening to a non-profit site?!.....whoo boy.

To: AndrewFT65 - All I can say is, "Speak on friend."

 You basically described what I would say, only you did a better job than I.

 Everyone thinks that if they can just "become part of the system" that they can work to change it. But see, history proves otherwise. People don't change the system...it changes them. They wake up one day, with millions, and decide that all "the little people" they stepped on to get that money are acceptable losses, since they are now set for life. And yes, normal people under Communism and Capitalism don't have any motivation, because they know there's nothing in it for them.They know without a doubt that whatever wage they are capable of earning will never be enough to keep up with the inflation of goods and services. All the party lines about prospering and an easier life are total pigswill. As you said, legal systems are build "By the rich and powerful, to protect the rich and powerful."

 At this point, i'm just using "free speech" until thats taken too. It'll go because the rich won't want "us poor folk" revealing society's flaws, so "for the good of all", censorship will rule.

 ...and people ask me why i don't want kids....oi
August 23, 2006 5:20 PM

About Spy

Hello world, as they say. I'm in Melbourne Australia and work as a Systems Administrator. I go to work every day with a smile on my face as I just love my work. Our company works across 30+ sites around the state so I travel a bit. We use mostly MS products, IBM hardware and 100% Cisco networking...it's a sweet mix for sure. I've been around Bink's site since it's inception way back when it was just a group on the MS site...that was a while ago. Bink.nu is the leading source of Microsoft news on the web that's for sure and I love being a part of Steven's team. Anyway, hope you enjoy the site.
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