Microsoft threatening to sue me!

[BookMarc]

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/break...p-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/break...p-defender-name/2005/11/10/1131578147096.html

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

 

[oliciv]

We must all join the fight against companies protecting their trademark

 

[LeetPCUser]

That is such bull!

 

[BookMarc]

our tm is "Windows System Optimizer" and not windows

if we have to fight anything then fight microsoft ... like my example stated... they are using Vista which is a trade mark of another company. so they have no right to sue us for using windows in our name.

 

[oliciv]

so they have no right to sue us for using windows in our name.

Yes they do, it's their trademark. Maybe this should be moved to the "legal issues" forum.

 

[BookMarc]

you have no idea about what you are talking :p

windows is the trademark not windows system optimzizer.

 

[Mark]

Moved to legal section ....

We have been selling the software under this brand for ages now!

windowssystemoptimizer.com
Creation date: 20 Jun 2003

Sorry , But I don't see it as ages really ..... and I can't understand why anyone would even try to Brand themselves on a name that could have obvious problems at any time. Why not make up a shorter name of your own ?? If the product is good - It shouldn't matter what you call it.

microsoft.com
Record created on 02-May-1991

 

[oliciv]

you have no idea about what you are talking :p

windows is the trademark not windows system optimzizer.

I'm going to manufacture a new car called the "BMW Namepro" - BMW won't be able to touch me, because it's "BMW Namepro" not "BMW" :hehe:

 

[chimaera]

This is an interesting read: http://www.theage.com.au/news/break...ta-legal-threat/2005/07/27/1122143890571.html

Beck's comment:
""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," he said."

 

[liam_d]

So if i made a site www.freewindows.com (for example) and was selling free house windows they could get me?

The law needs serious work...

 

[oliciv]

So if i made a site www.freewindows.com (for example) and was selling free house windows they could get me?

The law needs serious work...

No, just as Amazon.com couldn't do anything if you made amazontours.com, for tours of the amazon

 

[fonzie_007]

You most likely have a losing case.

 

[jberryhill]

So if i made a site www.freewindows.com (for example) and was selling free house windows they could get me?

Uh... are your house windows a piece of software specifically designed and sold to run on a Microsoft platform?

Didn't think so.

LOL for oliciv.

 

[Sinfully Wicked]

We must all join the fight against companies protecting their trademark

When you have a spare couple of billion to fight Microsoft and you have a valid case, then good luck to you.

Until then, you dont have a leg to stand on, as Mark pointed out the age of the domains in question are to far apart, if you had your domain pre Microsoft.com and the Windows TM, then you might have a case.

Thank you

Sin

 

[jamesau]

I'm afraid you are using the 'Windows' name to brand your product. This is infringement in every case sadly.

 

[FanCube]

I don´t understand why Microsoft want to take down the site. The site is not directly competing with Microsoft, only selling software which is supposed to be used with Windows.

 

[JYM]

Well that's the way Microsoft is... they want to horde everything and prevent people from trying to defame their name.

Also you can only sue over a TM infringement if the two websites with the same TM are in different categories completely... like for instance vista.com for windows vista and visitvista.com as a tour site...

unfortunately since both windowssystemoptimizer.com and microsoft.com are in the software category... you will probably stand no chance. especially against their insanely expensive lawyers.

 

[SiteBroker]

Bookmarc you have no case and no hope. Neither should you have any case you are profiting from their trademark, why would you start a company based around such a domain in the first place?
P.S what kind of support to you expect to rally up from this forum? How in anyway even if all 27,000+ members here supported you would this help your case?

 

[Dave_Z]

Have some of you considered putting yourself in the shoes of the other side,
to have even just an ounce of understanding, what it's like having someone
try to exploit your hard-earned work for their own benefit?

I guess it's just me. But some people here seem to automatically bash these
so-called big companies from bullying others into submission without exploring
further.

Then again, as someone once said, the door swings both ways. Whether it's
this or that depends on what side you're on.

BookMarc, I can only wish you all the luck in the world. But honestly, you're
toast.

 

[allinone]

you have no idea about what you are talking :p

windows is the trademark not windows system optimzizer.

dellwebsites.com is being sued for over 100,000, and their trademark is dellwebsites not dell