Microsoft Sued Over Bing Trademark 191
mentus writes "Bing! Information Design, a design company from Missouri, is suing Microsoft over 'intentional interference' with their trademark and claiming Microsoft had knowledge of the trademark when it relaunched its rebranded search engine. Microsoft legal representative Kevin Kutz states that he believes the case will be dismissed and that Microsoft 'always respect[s] trademarks and other people's intellectual property, and look[s] forward to the next steps in the judicial process.'"
Trapped! (Score:5, Insightful)
However, a trademark application for the name was not filed until May - when rumours about Microsoft's new product had already spread widely across the internet.
Microsoft, meanwhile, filed its own trademark applications for the name in March - for a variety of uses, including search engine software, interface software, advertising, telecoms and for "providing a website and website links to geographic information, map images and trip routing".
Aren't you obliged to protect your mark? Seems to me they have nothing on MS.
From TFA (Score:5, Insightful)
"...a trademark application for the name was not filed [by the plaintiff] until May - when rumours about Microsoft's new product had already spread widely across the internet."
"Microsoft, meanwhile, filed its own trademark applications for the name in March - for a variety of uses, including search engine software, interface software, advertising, telecoms and for 'providing a website and website links to geographic information, map images and trip routing'."
Says it all really. This company didn't even bother trying to establish trademark rights until two months after Microsoft, after news of the new engine had leaked. This screams trademark troll.
Different fields (Score:4, Insightful)
Re:First time? (Score:5, Insightful)
Re:Trapped! (Score:5, Insightful)
That's part of what makes this case potentially meaningless, in a moral sense, not a case law sense ... the fact that there are deep pockets involved and it may well be decided not on merits, but on who can throw enough money at protecting their interest.
Re:bing.biz (Score:5, Insightful)
Hmm. Microsoft got bing.com a while ago
WHOIS results for bing.com
Created on..............: 1996-01-28.
Correct me if I'm wrong, but surely all that means is someone registered it in 1996. It may have changed hands several times before being taken over by Microsoft.
Re:From TFA (Score:5, Insightful)
Says it all really. This company didn't even bother trying to establish trademark rights until two months after Microsoft, after news of the new engine had leaked. This screams trademark troll.
I know absolutely nothing about this case, so take my comments with as much salt as you feel necessary...
But, just to play devil's advocate...
It could also be that the company never felt the need to establish trademark rights until news of the new engine leaked. Perhaps this Bing! company was fairly unique in the area it does business in... And if anyone said Bing! they thought immediately of this company... But with Microsoft's re-branded search engine folks now think of Microsoft instead of this Bing! company.
But why would it be intentionally similar? (Score:5, Insightful)
If a business or trademark name is "deceptively or intentionally similar" to an established entity, it is technically in violation by definition.
The thing is that nobody had heard about Bing before MS. As such, MS wasn't trying to benefit from the fame that the name already had. If they began manufacturing footwear and chose Nike for their productname, I could see the motivation: Appearing to relate to an established entity in order to sell more. But creating a search engine called "Bing"? I don't think any of us had the first reaction of "Ah, like that Bing Information Designers?" but we all thought "Ah, what a stupid name. :D"
I'm not saying that MS didn't know of the company. They certainly should have researched more. But I can't understand why would they intentionally choose something deceptively similar to something that nobody had never heard of before. While MS knows that they can face anyone in court, I would assume their sizeable legal team had forced them to adopt strict and heavy processes to avoid this kind of stuff. To me this seems more like a fuckup committed by some very low level employees than anything decided by high management.
Re:From TFA (Score:5, Insightful)
No, it doesn't really say anything. They were a small fish happily using the trademark for the past nine years without any trouble. There was no need for them to register the mark, which is still legally protected even without registration. Trademark registration is expensive and takes years to complete, so many small companies are content to use unregistered trademarks.
However, now that Microsoft has stepped on their turf, they've decided they need additional protection, so they began the process of registering the mark. They should have no problem getting that registration since they likely have ample proof that they've been using it for nine years (marketing materials, print advertisements, maybe some TV commercials, etc).
Re:First time? (Score:3, Insightful)
What makes you think his client wants anything different.
Re:Trapped! (Score:4, Insightful)
THe company is sueing now because the amount of advertising Microsoft has put into the search engine Bing is causing confusion with the customers of the company that is sueing Bing. The time of the confusion is what would matter for the start of the lawsuit.
Wouldn't it be a good thing? (Score:3, Insightful)
Re:From TFA (Score:3, Insightful)
Trademark registration is expensive and takes years to complete, so many small companies are content to use unregistered trademarks.
Right but only if by expensive you mean about $500 and by years you mean 6 months. What would I know though? I've only actually been through the entire process recently. I'm sure you talking out of your ass is a much more reliable source of information.
I've never been through the process, but I've researched it, so I'll admit it's possible that you are right. However, when I researched the process in the past I was informed that it was more like about $2000 and 2 years, although 1) I was researching Canadian Trademark Law, and 2) it could take less time if you hire an expensive lawyer, but obviously that increases the cost.
Nevertheless, even if it's only $500 and 6 months, many small companies simply don't see any benefit in doing it, considering the fact that they are still protected with an unregistered trademark.
Re:Trapped! (Score:3, Insightful)
In addition, two other companies are also taking action against Microsoft over what they say are trademark infringements: a web-based shopping service called BongoBing and software company Terabyte, which has a product called BootIt Next Generation, or Bing for short.
So today we know about three possible claimants. Do you think we will hear about two more tomorrow? Three? Four? After all the term "bing" has been a huge part of the RAP scene since the beginning; probably apart of some other scene before RAP. This is all too funny, or err ironic.
I think the fact that we have three claimants, who apparently aren't suing each other, but are suing a multibillion dollar company for a quick buck does indicate what the real motives behind their trademark protection action are. I mean, all three are apparently in the same market as Microsoft's search engine, but they are not protecting their trademark from each other? Sounds like they forfeited their trademark. Or do you only need to protect your trademark from large companies with deep pockets?