Microsoft, Vista and TM

[Genialnames]

Just curious to understand how Microsoft TMed Vista ,
I found a vista.com (copyright 1998)
also there are several Vista TMs from many companies ranging from softeware house to optical industries etc.
Now, isn't Microsoft subjected to TM restrictions?
Why people registering Domain Names containing Vista are worried because possible infringements of Microsoft TM (and not, eventually, of the pre existing TM owners?)

 

[downloadfreak]

vista is not a TM, it is a spanish word.

 

[ttu_soko]

In addition Microsoft TM on Vista is still in the application phase and hasnt been issued yet, I'm sure its still fighting to settle all other claims agains that mark, once you see an R with a circle around next to Vista thats when u know its said and done.

 

[Genialnames]

it is a spanish word

Italian word please, it come from Latin.

R with a circle around next to Vista thats when u know its said and done.

Currently I see a small "TM", in the top right corner at the end of the word...

 

[Dave_Z]

Currently I see a small "TM", in the top right corner at the end of the word...

It's not yet a formally registered trademark. But they're at least telling people
it has "trademark usage", or is being actively used in commerce or so.

You're not thinking of getting vistaleous . com, are you? :hehe:

 

[Genialnames]

ou're not thinking of getting vistaleous . com, are you?

hahaha, nice
No, to achieve the same effect I should use "showy, flamboyant, ostentatious, pretentious, splashy....

 

[dgridley]

Oh, we Dave's are a witty lot.. I'm still chuckling..

In any case, I'd like to point out to our "readers" that a word doesn't always have to be "registered" to have potential "TM" issues... and this is one of those cases.

You're not thinking of getting vistaleous . com, are you? :hehe:

 

[pertosda]

Italian word please, it come from Latin.

VISTA is both spanish and italian, only that the spanish term is more known

I do not think they can trademark it, or we would end up not being able to use any word in the dictionary!

Of course, if you go and register BillGatesMicrosoftWindowVistaOperatingSystem.com you might get into trouble :hehe:

 

[wisconsin]

"Vista" is also the Portuguese word for "eye".

"vista" it is a trademark and has been used in commerce, for years, by a software company in washington state. http://www.techworld.com/applications/news/index.cfm?NewsID=4097

also IBM appears to own a "vista' trademark" http://www.isogon.com/partners/ibm_tivoli/index.html

Hee is microsoft trademark statement:
http://www.microsoft.com/mscorp/ip/trademarks/winvistaguide.asp

 

[drifta]

it will most likely come down to how the "TM infringing domain" is used

vista-shoeshop.com OK!
microsoftwindowsvistasoftware.com NOT!

but i wouldnt be suprised seeing microsoft go after vista-shoeshop.com

 

[DNQuest.com]

Vista is an operating system and its TM is in the software technology field. If I recall correctly (too tired to look it up), the Vista TM for the Wa co has challenged MS. But I strongly believe MS may buy (or already has bought) the TM from that company. Remember money can usually win, regardless of right or wrong. MS should not get a TM for Vista, but it will. They have the deep pockets, ALL other do not. This is a case where the man with the money is being the bully.

So if MS does acquire the TM, they will have the right to challenge anyone they feel is infringing on it. It's a hard fact of life, get used to it.

BTW- MS holds a TM for Windows...

 

[Genialnames]

MS should not get a TM for Vista, but it will. They have the deep pockets, ALL other do not. This is a case where the man with the money is being the bully.

So if MS does acquire the TM, they will have the right to challenge anyone they feel is infringing on it. It's a hard fact of life, get used to it.

 

[sunken]

According to their statement, seems like they are trademarking Windows Vista all as one TM, rather than the word Vista by itself. At least that is the way I read it, as they state that the whole phrase is part of the TM.

This is the line from the statement that is most revealing:

Never refer to the product just as Vista. Always include Windows in the product name.

 

[dgridley]

That also makes the most sense for them.. why fight for the Vista TM when they can have Windows Vista so much more cheaply?

According to their statement, seems like they are trademarking Windows Vista all as one TM, rather than the word Vista by itself. At least that is the way I read it, as they state that the whole phrase is part of the TM.

 

[labrocca]

I can't believe this thread. Did any of you bother to read the TM? It's for WINDOWS VISTA. That's like saying they can't TM "windows" because it was a word before. C'mon people read and use some sense in these things. Understanding TM law requires reading not asking ignorant questions in a forums. If you don't have an educated response here in the legal forums why bother posting?


Another wonderful thread started by Genialnames...thanks.

 

[DNQuest.com]

I guess there is no update on this situation. I can't find anything, but i did find out something I did not know....

When MS rolled out Internet Explorer, someone else already coined the phrase for a browser. MS ended up shelling 5 million for the TM rights. But the important things here is... they got the rights.

http://news.com.com/Microsoft+settles+trademark+case/2100-1001_3-212931.html

Here are a couple other articles on Vista....

http://seattletimes.nwsource.com/html/businesstechnology/2002397450_microvista23.html
http://techrepublic.com.com/5100-10877_11-5844484.html?part=rss&tag=feed&subj=tr#

So basically, Ms is being a bully and not many people will stand up to them. About the TM MS is claiming, Windows Vista, as a whole, this is how they are presenting it..

Windows(R) Vista(TM)

So if they do challenge someone over "vista", they will show how their "mark" may seem registered, but it is not.

 

[dgridley]

No such thing as an ignorant question.. it would be more ignorant "not" to ask.

I can't believe this thread. Did any of you bother to read the TM? It's for WINDOWS VISTA. That's like saying they can't TM "windows" because it was a word before. C'mon people read and use some sense in these things. Understanding TM law requires reading not asking ignorant questions in a forums. If you don't have an educated response here in the legal forums why bother posting?


Another wonderful thread started by Genialnames...thanks.

 

[Genialnames]

Another wonderful thread started by Genialnames...thanks.

Thanks for the compliment

I think there is nothing wrong in asking, and to make people more aware about Domain Names and TM issues.
Furthermore
As DNQuest once has to say" each case it is unique" so nothing it is really obvious, never and ever for everyone.

Neither are so much obvious the questions I asked.


To me Labrocca's comments are unbelivable, this is the third time I post a question in the Legal forum and I got personally "attacked" by Labrocca.

Omni-scent : I think it is necessary I remember you few things:

Even if I would have posted a silly question(and I would not be the only one, but I never saw reaction like your, never) you are not allowed to be offensive in anyway:
if you don't like a thread just ignore it, like anyone else do.

Please read the forum rules that you should have accepted: be polite.

I don't know the term in english for that but here those who hit someone at his shoulders are very badly considered.

I never know you before, I can't even imagine what's make you behave this way against me but I invite you to tell me your reason in private, if you have any.

Sorry to all the other guys here, but I feel I have to say it to him.




.

 

[labrocca]

To me Labrocca's comments are unbelivable, this is the third time I post a question in the Legal forum and I got personally "attacked" by Labrocca.

Now where exactly did I personally attack you? Personally attacking you would be very very easy but it's not really necessary since it's obvious to most here how you really are. I bet your reputation points just keep on growing. Yeah I am sarcastic and I am NOT your biggest fan. You may not like what I say but it's not a personal attack. It's your posts and your opinions that I find offensive. I bet personally you are a great guy. However when it comes to the domain business you have much to learn. Yeah you can post here and ask questions all day long but you don't seem to ever like the answers. Also imho if you spent the time reading threads and trying to comprehend what is already here then your grasp on TM and internet law would by much better.

If you are taking my posts as a personal attack Genialnames that's not my problem. I think you can add me to your ignore list then. If you go to your usercp you should see "buddy/ignore lists" and from there you can add my name so you won't have to read my posts. I am pretty close to ignoring you anyways so it's not a big deal. I have yet to find any value in your posts.

 

[DNQuest.com]

My turn...lol

Nobody personally attacked, but in another post, you personally went after me and another member of this forum. Your lack of understanding and lack of acceptance of good advice leaves much to be desired. I will never put anyone on ignore just so I can correct people when they post bad/incorrect/inaccurate opinions on this board. Many newbies as yourself come to this board for answers, most accept the advice, some do not. Either way, I don't care, but what I do care about is the misleading crud that sometimes may get conveyed.

On an added note...
Even hough each case must stand on its own merits, WIPO will take precedents into consideration. So if you have a case similar to other cases, expect the rulings to be similiar. The original post was a good one, but as I said, money will win out on this one, not justice