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Posted by Thomas Procyk (Member # 1170) on 01-19-2004, 10:15 PM:
 
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040119/ap_on_fe_st/microsoft_unhappy_1

Microsoft Takes on Teen Over Web Site

VANCOUVER, British Columbia - Mike Rowe thinks it's funny that his catchy name for a Web site design company sounds a lot like Microsoft.

The software giant, however, is not amused.

"Since my name is Mike Rowe, I thought it would be funny to add 'soft' to the end of it," said Rowe, a 17-year-old computer geek and Grade 12 student in Victoria, British Columbia.

Microsoft Corp. and its attorneys have demanded that he give up his domain name, the Vancouver Province newspaper reported Sunday.

Rowe registered the name in August. In November, he received a letter from Microsoft's Canadian lawyers, Smart & Biggar, informing him he was committing copyright infringement.

He was advised to transfer the name to the Redmond, Wash.-based corporation.

"I didn't think they would get all their high-priced lawyers to come after me," Rowe said.

He wrote back asking to be compensated for giving up his name. Microsoft's lawyers offered him $10 in U.S. funds. Then he asked for $10,000.

On Thursday, he received a 25-page letter accusing him of trying to force Microsoft into giving him a large settlement.

"I never even thought of getting anything out of them," he said, adding that he only asked for the $10,000 because he was "sort of mad at them for only offering 10 bucks."

He said family and friends are backing him and a lawyer has offered to advise him for free.

He's also keeping his sense of humor.

"It's not their name. It's my name. I just think it's kind of funny that they'd go after a 17-year-old," Rowe said.

Company spokesman Jim Desler said Sunday, "Microsoft has been in communication with Mr. Rowe in a good faith effort to reach a mutually agreeable resolution. And we remain hopeful we can resolve this issue to everyone's satisfaction."

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Note that I left the link how it is so you could see the title, "microsoft_unhappy_1" -- and that's just what it is. I think the kid is right, it's his name. And if Microsoft wants it, he can ask ten MILLION dollars if he wants to.

=TMP=
 

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Posted by Mark J. Marshall (Member # 1409) on 01-19-2004, 10:35 PM:
 
That's awesome! I think he should copyright his name and then threaten to counter sue them... since it is HIS name after all.

Or maybe he could change his site to mikerowesoftware... which I think would be funnier and harder for Micros~1 to prove... er wait, that name is registered already. Someone apparently beat me to it. I wonder who...?
 

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Posted by Mike Blakesley (Member # 26) on 01-19-2004, 10:45 PM:
 
He screwed up only asking for ten grand. He should have gone for $10 million, then Microsquash would have settled for $2 mil or something, and he'd have been set for life.

[ 01-20-2004, 12:53 PM: Message edited by: Mike Blakesley ]
 

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Posted by Brad Miller (Member # 2) on 01-19-2004, 11:03 PM:
 
"Pain and suffering" over the stress of this situation, Mike. "Pain and suffering".

(Microsoft deserves it anyway.)
 

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Posted by Mike Olpin (Member # 1115) on 01-20-2004, 02:55 AM:
 
Thats Bull-friggin- .

Now I'm all pissed off.



Hey Microsoft(R), !

I need to go calm down.
 

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Posted by Daryl C. W. O'Shea (Member # 1303) on 01-20-2004, 03:01 AM:
 
Back in the day, when Microsoft was a little smaller and more personable (they used to personally respond to almost all email), I got a call from their office in Mississauga when I first registered "dostech.on.ca" (since expired and replaced with "dostech.ca") claiming that "DOS Technologies" was infringing on their trademark. I politely informed them that "DOS" wasn't a trademark of theirs, only "MS-DOS" and to have a nice day.

As for "Mikerowesoft", the kid got the attention he wanted. He should thank Microsoft.
 

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Posted by Jack Ondracek (Member # 1466) on 01-20-2004, 04:27 AM:
 
It was all over the network newscasts the other day. Other than the Iowa caucuses, it was about the only news going on that day, so it got a LOT of airtime.
 

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Posted by Gordon McLeod (Member # 33) on 01-20-2004, 09:54 AM:
 
A few years ago MacDonalds went after a older lady in the ottawa area that had used the names MacDonalds for her yarn store since 1945 claiming there international registration superseded the registration she had obtained in the 40's
It is still before the courts years later
Anyway Microsoft I always thought should have the name of a small limp porn site
 

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Posted by Bobby Henderson (Member # 840) on 01-20-2004, 01:04 PM:
 
IMHO, Microsoft has no grounds at all for trying to squeeze Mike Rowe. After all, it is his name. Microsoft needs to look at the spelling of their name versus that of Mike Rowe. They hold no trademarks over someone else's name just because it sounds like their name.

Lots of words in the English language have double meanings. And there are business trademarks that make spelling changes to a common word to achieve a brand name. But they cannot trademark that common word used as the source.

If the courts have any brains at all they will toss the Mike Rowe Soft lawsuit out of court. If they side with Microsoft then it would establish a dangerous legal precident in copyright law.
 

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Posted by Aaron Sisemore (Member # 145) on 01-20-2004, 07:43 PM:
 

quote:

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If they side with Microsoft then it would establish a dangerous legal precident in copyright law.

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quote:

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It would be a trademark issue not copyright. A completely different ball of wax altogether.

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Trademark, copyright, etc. Typo mistake on my part. But I basically meant the same thing. The Mike Rowe Soft issue should be thrown out of court if Microsoft insists on taking it there. Sheesh, there are numerous businesses with the same damned name, trademark and all --only difference is their logos look different.
 

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Posted by Aaron Sisemore (Member # 145) on 01-21-2004, 12:19 PM:
 
Steve: the deal with Apple vs. Apple is that back in the early 80s Apple Computer licensed the 'Apple' name from Apple Corps Ltd (The Beatles and Harrison/Lennon Estates) with the strict restriction that Apple Computer could not use the name with anything related to music, or the music industry. Now that the iPod and iTunes are out there, its pretty obvious that Apple Computer is violating that agreement, and thus the Corps is a tad miffed...

-Aaron
 

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Posted by Scott Norwood (Member # 30) on 01-21-2004, 02:36 PM:
 
Normally, trademarks only apply within a specific industry where there is a possibility of confusion. For example, "McDonald's Hardware Store" is perfectly legitimate, as there is no possibility of customers being confused or thinking that there is any relationship to "McDonalds Restaurant." One would not be able to legally sell computers labelled "IBM" because there is already a company called IBM in that industry.

Of course, there are certain exceptions for well-known brand names. Just try selling a "Coca-Cola" brand lawnmower and see how long it takes for you to get sued.

It will be interesting to see what happens with Apple Computer now that they are getting into the same industry as Apple Records.

Note that I'm talking about US trademark law here which most likely is completely different from trademark laws in other countries.
 

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Posted by Aaron Sisemore (Member # 145) on 01-26-2004, 12:02 PM:
 
Apparently the kid decided not to fight and took a 'gift package' instead:

The link

SEATTLE, Washington (AP) -- A Canadian teenager whose Web site address bothered a certain giant software company will find a new home on the Web, Microsoft Corp. said Friday.

Mike Rowe, a 17-year-old resident of Victoria, British Columbia, has agreed to pick a new name for his Web site, currently called www.mikerowesoft.com, said Microsoft spokesman Jim Desler.

Mike's father, Kim Rowe, confirmed that his son had struck an agreement with Microsoft. Rowe said his son could not be interviewed Friday because he had to study for final exams. Mike also is working feverishly to put together a new Web site, his father said.

Desler said Microsoft would cover Mike's costs of changing to a new Web site and redirecting traffic from the old site. Microsoft also had agreed to help the teen get Microsoft certification training and other gifts, including an Xbox game console, he said, and has invited Mike to a technology festival in March at the corporation's headquarters in suburban Redmond.

"We wanted to do this in a way that's going to foster his interest in technology," Desler said. In a posting on his Web site earlier this month, the teen said he received a 25-page letter from Microsoft informing him he was committing copyright infringement, and threatening legal action. Desler said Friday that Microsoft believes it's important to take steps to prevent widespread infringement of its name. But he conceded Microsoft's original approach was "admittedly maybe impersonal."

-Aaron
 

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Posted by Joshua Lott (Member # 240) on 01-29-2004, 01:17 AM:
 
Fox News Website

eBay Page

We were starting to feel sorry for Mike Rowe, the British Columbia teenager who gave up the rights to his Web site's domain name, www.mikerowesoft.com, after a certain software company raised objections.


But it seems Mike may have been after the money after all. He's put one of the inch-thick legal dossiers Microsoft's lawyers sent him up for auction on eBay.

"This is your chance to own a piece of Internet history," Mike says on his eBay page. "This is the book [the World Intellectual Property Organization (search) guidebook] shown on TV, Internet, magazines and talked about on the radio and seen by millions of people world-wide."

In case you're wondering what's so special about that, Mike's throwing in the 25-page cover letter, full of nasty legalese, which accompanied the file.

"Take advantage of this once in a lifetime opportunity," he adds, alongside a picture of himself holding the documents.

As of 4 p.m. EST Wednesday, bidding was up to $1,075 in U.S. dollars. Mike's already getting an Xbox (search) and a free trip to Microsoft headquarters from the software giant, plus a reimbursement for all expenses incurred in starting up his Web site.
 

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Posted by David Stambaugh (Member # 1102) on 01-29-2004, 11:15 AM:
 
This was a scam right from the start. Everyone thinks Oh, big bad Microsoft picking on the little guy again. What a load of Every company MUST vigorously defends its trademarks or risk losing them. MS did what any such company would have and should have done. The kid is a scammer.
 

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Posted by Scott Norwood (Member # 30) on 01-29-2004, 11:20 AM:
 
Too bad the kid caved so early. It would have been fun to see this go to court. He probably could have won, too.

Instead of acting on principle, however, it seems that he just wanted to take the easy way out and try to scam whatever free stuff he could get out of it. Sad.
 

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Posted by David Stambaugh (Member # 1102) on 01-29-2004, 11:27 AM:
 
I picture that episode of Seinfeld where Kramer burned himself on hot coffee and hired Jackie Chiles to sue on his behalf. The coffee company was prepared to offer Kramer free coffee for life plus $50K. Kramer hears "Free coffee for life" and before they can finish the offer, he accepts it and loses out on the money. Maybe this kid heard "Free XBox!" and accepted it before they could get to the part about the money. lol.
 

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