Microsoft threatening me! (1 Viewer)

[bigbee1]

Hi People,

Microsoft is threatening to sue us over a domain name www.windowssystemoptimizer.com . they had sent us a notice sometime back... to which i had my lawyer reply. now i get this letter again saying that i had better leave it or i get sued! We have been selling the software under this brand for ages now! and they have no rights over the name "Windows System Optimizer".

NEED HELP & ADVICE!

PLEASE HELP SPREAD THE WORD AROUND ... HELP US FIGHT MICROSOFT!

some facts:
Microsoft was infact very recently involved in a very similar case, involving another such domain name and software author who did not want to fight Microsoft and gave up the domain name and the assigned all rights of the same to Microsoft. Soon after which it started using the domain name and launched a product by the same name. http://www.theage.com.au/news/breaking/unhappy-developer-gives-up-defender-name/2005/11/10/1131578147096.html

By Microsoft's own standards they are using the trademark Vista which is owned by another software company in Redmond, and as such Microsoft says "We are only using the word Vista paired with our trademark Windows. The two together - "Windows Vista" - form the name of the next version of the Windows operating system," http://www.theage.com.au/news/breaking/unhappy-developer-gives-up-defender-name/2005/11/10/1131578147096.html

PLEASE HELP SPREAD THE WORD AROUND ... HELP US FIGHT MICROSOFT!

 

[anita_wax]

what poofs grrr that sucks.

but mic have loopholed it for you
"windows system optimizer" and "windows vista"
"We are only using the word Vista paired with our trademark Windows. The two together - "Windows Vista"
u can do the same for system optimizer

 

[Rafy]

and they have no rights over the name "Windows System Optimizer".

Yes they do. Well the 'windows' part of the name anyway. Windows is their trademark, and they can use it exculsively in the computer software market.

 

[sunjet]

seek legal advice, not BOS.

 

[Lavenderpup]

. . . is this a spam thread >_> what with such a signature and all..

 

[bigbee1]

no..its not spam:
thats the forum i run and thats the software we made.

 

[insert-username]

Talk to your lawyer. In all probability, none of us will be able to help you.


I_F

 

[bigbee1]

windows is their trademark *NOT* windows system optimizer

 

[AsyLum]

The 'Windows' part is. Particularly when used in the form of a program used for x86 infrastructure.

This is like debating that 'Coke White' isnt a violation of Coke. (Heck even the bottle shape/design is trademarked.)

You'll most likely lose this case merely through the financial ruin a possible trial could hold, and I suggest you change the program name. It is far cheaper than getting rammed up the ass by Microsoft.

 

[AsyLum]

Windows System Optimizer is an easy tool to clean and optimize your Windows System. Windows System Optimizer is a fast, powerful utility software that speeds up your system, giving you maximum performance.

It includes innovative tools for internet, files and windows related system cleaning which enhances the working of your system. If not obsolete and junk files of terminated applications take up lot of space and cause existing applications to crash. Windows System Optimizer allows you to delete startup programs which otherwise would slow down the boot process of your PC. It give you complete control over Windows startup programs.

It also helps you uninstall applications that are no longer being used thus saving your hard disk space. The unwanted programs can be easily deleted using Windows System Optimizer instead of having to go through the process of deleting from the Control Panel.

Internet Explorer cache cleaning enhances the stability of your system. The more the number of cache files, the less is the memory available for running applications. Windows System Optimizer regularly cleans your cache with great ease.

Windows System Optimizer deletes orphaned links to applications that no longer exist at the specifies location amongst other features.

These features make your system error free, ensuring that it is faster than ever before. Also you privacy is protected by deletion of unwanted URLs, cookies, history etc.

It works on all versions of Windows(r) - 95,98, Me, NT4, 2000, and XP making it accessible over different platforms.

 

[santaslayer]

I don't think many people could put up a legal fight with Microsoft.

EDIT: I also think that saying Windows System Optimizer is fairly different from Windows Vista. Why?

1) The fact that you use "Windows" as the first word of the name suggests that it is a Window's product, not your product.

2) As Asylum put in his previous post, your program is designed for Windows. The name suggests that you are creating a program for an already registered product.

3) Windows is using the word Vista, an already registered name, but the fact that the word "Windows" appears first allows them to rebuke your comment.

Just a thought.

 

[Serius]

u should have called it "system optimizer for windows" or trademark the product as "system optimizer" and then in small letters have for windows underneath in a clever image, then tm the image

now that u are here, u are kinda fucked, u could try loopholing it like saying it isnt
"windows system operator"

its "windowssytem" optimizor and say windowssytem is a trademark of yours wtf they cant just trademark windows

how about dickandjaneswindowsframes.com would they sue them aswell?

motherfuckers! they cant ethically squeeze the market like that, its plain wrong

 

[Lavenderpup]

Window frames etc, wouldn't count, as it wouldn't be from a computer related industry (as in software hardware etc.) but THIS is specifically related to computing and Windows is trademarked within that certain industry. The focus is all on the fact that your domain's related to computers specifically and well... tough luck. Its just a domain name. Perhaps you could try getting at least something from it since you paid the reg fee...most that you can hope for.

 

[bigbee1]

:mad1: thanks guys for ur input. they did the same to a software called Windows Defender. i am not against giving up the domain.. but feel this is the wrong way to do it.

 

[Phanatical]

Microsoft are in the right on this issue, definitely. You're trading on the basis that people will assume that your product is a Microsoft product, in line with other such products (Windows XP, Windows Vista, Windows Internet Explorer, Windows Defender). Personally I have no sympathy, because if somebody were to trade off my intellectual property I'd sue too. If I were to market a program called "Windows Media Producer", or "WMP" , wouldn't that imply that the product was an official Microsoft product?

 

[King Tut]

True, by including the name "Windows" in the program name, Politik is right people may think that your product is in some way affiliated to Microsoft, thereby hurting its perception. I wouldn't ask Microsoft anything as you were in the wrong to begin with. I also wouldn't suggest taking on Microsoft as they've most likely got many highly trained lawyers and the legal fees would probably bear to much of a weighting for a small organization or individual.
My advice, change the domain name, the program name and just learn from the mistake. If you're not sure sometime in the future, just do some research and find out whether or not you can name your domain a particular name. There is a government company you can call, i forget what it's called, but it deals with all registered trademarks, names, logos an so forth. No harm in doing so, and it would probably save you a lot of time, effort and legal issues in doing otherwise.

 

[santaslayer]

Maybe try your luck outta court. Negotiate something. Not that they'll care to bother. But try your luck.


EDIT: Remember, be polite.

 

[bigbee1]

i dont think its going affect them much... after we are the ones who cant afford to go to court. we will give up the domain, but my quesion is there r numerous softwares named after Windows... so y r we the only ones being targetted?

 

[Lavenderpup]

What makes you think that they AREN'T targetted? If its brought to their attention then they probably end up targetted. Furthermore, others COULD do that royalty-free thing. >_> Now if you had done that in the first place it would have been all fine.

 

[bigbee1]

maybe i dont know, but i do know people who have held similar domains longer than me..and still continue to hold them.