Microsoft may not own windows?

Bill Kearney wkearney99@hotmail.com
Thu, 21 Mar 2002 13:29:27 -0500


> A logical progression of what you're saying is that nobody should be able to
> market a word-processing program with "Word" in the name. And I guess
> "Owen's Excellent Spreadsheet 1.0" is out too.

Well logical to some maybe...

Should a soft drink maker be allowed to trademark "Owen's Coke" when Coca-Cola
is using it?  Would that not be infringing on the rights of Coca-Cola's
trademarks?  Coke's perhaps a bad example as the company has made some
significant trademark blunders in recent years.

How about "Owen Disney Movie Company".  Would that infringe on Disney's
trademark rights?

Should the trademark owners of "Owen" be concerned here?
http://tess.uspto.gov/bin/showfield?f=doc&state=8f77eq.3.35

Heck, a local restauranteur with the given name "Sony" was sued by the media
corporation. She was using it as part of of her restaruant's name.  She,
surprisingly, lost that case.

So does Microsoft deserve less protection under the law because of their other
legal issues?  Would you want to have your rights trampled because of something
else you're doing?  Preying upon the plaintiff because of unrelated issues is
hardly legally defensible.

And for the judge to say it's Microsoft's fault for using a generic name is
unbelievably ridiculous!  Blame the victim here?

The Lindows folks are getting what they don't have money to buy; visibility.
It's a shame their product doesn't live up to the hype.  Whaddya want to bet
it's going to be a flop?

-Bill Kearney