Shiny Doom Forum

Trool · Good Karma Joined: 12 Sep 2003 Posts: 1486

don't know if any of u heard of this, but some kid named mike rowe registered domain name mikerowesoft.com. He thought it'd be cool to have something that similar to microsoft. Microsoft is now suing him. Just wondering what ppl's thoughs r on this? I don't think i can misspell mirosoft to get the kids address, so i don't really see the harm in this, but someone might be trying to use the slippery slope argument or something.

u can read more at: http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/index.html
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Mogri · Posted: Wed Jan 21, 2004 12:29 pm Post subject:

I mean, come on... you don't intentionally name something that sounds like someone else's franchise, especially when you're in the same or similar business. Microsoft, as does anyone, has the legal right to protect their name in interest of business name-recognition, which is why we have laws for this that are exercised on a very regular basis. I think this person's actions are just stupid, except it will give the MS haters something more to hate them about, and it will give Mike Rowe a lot of press (mostly positive).
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fate · Uber-Karma Joined: 11 Sep 2003 Posts: 1178

1. he's a 17 year old and 2. the name of his webpage has his own name in it. What the hell is microsoft trying to accomplish? Do they seriously think he poses a threat to their income? come on! They won't get any money from him simply because he most likely has none. Yes what he did was stupid and a joke and microsoft should realise this instead going after him full force. Microsoft should have better things to do. Rolling Eyes

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Jastermereel · Guest

Its not as if anyone is going to go to his site and think they are dealing with Satan...err...Microsoft.........regardless of whether you think his actions are stupid or foolish...microsoft has no legal rights to that domain......this has even less merit than Fox sewing Al Frankin for using the phrase "fair and balanced" in the title of his book: Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the right

Trool · Good Karma Joined: 12 Sep 2003 Posts: 1486

Well Microsoft might be dropping the case now or at least going for a settlement. http://news.com.com/2100-1014_3-5143614.html

one interesting thing from the article is:

fate · Uber-Karma Joined: 11 Sep 2003 Posts: 1178

if that is correct then that is a pretty silly loophole...hmm
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People's whole lives do pass before their eyes before they die. The process is called living.

Most of the time its easier to get along with people before you get to know them.

Mogri · Posted: Wed Jan 21, 2004 7:01 pm Post subject:

1. if you are old enough to register a domain name, then you should be fully aware of the law; age makes no difference
2. mikerowe.com is fine; adding 'soft' to the makes it infringement; something like rowesoft is also acceptable; just imagine your initials were AMD... that doesn't mean you can establish yourself as a company under your initials

I believe it is not so much a 'loop-hole', however if you do not enforce it once, but you practive selective enforcement, then lawyers of subsequent cases say that if one infriger is allowed, why selectively punish one? In which case they need punish all or none.

I don't believe a full out lawsuit would be the best first option, however if they requested this person revoke the domain name, and were refused, then legal action should be taken.

As far as the law and concept of the law go, size and revenue of a company do not matter.
_________________
"A club without the right direction, is a misguided stick."
-- Master Wham

Jastermereel · Guest

Its not even close to the hypothetical "AMD" situation......if he called his little website Microsoft...then that would be a valid argument......as it is though...he'd have to call his company Ayemdee (phoneticaly the same)...in which circumstance as well, it would be virtualy impossible to imagine anyone confusing the two...

Basicaly though...he isn't making money due to any real or imagined confusion between the two...and microsoft isn't loosing any money, except that which they spend on lawyers for this foolish endeavor...