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?)

 

[tgo]

Guys...

You canot TM a word... you just cant. You can register a TM meaning.

TM is something that goes with a company, I own a few TM's that are not registared.

Vista has many people who have TM'ed the meaning they use it for. Windows vista has the TM on any OS/computer software. So no other OS can name itself windows.

This does not mean that MS can sue me for creating a site spanishvista.com. As this has nothing to do with MS. They can only sue if you are using the TM to sell a computer OS or software that is named with vista.

All of you need to know a TM is an idea, not a word. The word is only the representation of your idea. You canot trademark a word for every possible useage of that word. You just registar it for the field you are currently doing business.

I could come up with a company for selling cars, and call it vistacars.com and windows has NO right to the name or site since it is not infringing the trademark in any way.

Even google would have a hard time taking googlecars.com from my if I had it and were using it as a ecomerse site and had a differant logo with nothing in common with google.com. They own google TM but they only own that so other pages canot create a search called google or replicate any of google services(gmail,gearth,adsense, etc). Some people may disagree however as it seams they dont completely understand how TM's work as google is only TM'd for their current products. Anything with google in it probably will be challenged, but they have to prove you are using it in the same way as them and hurting them by you using it.

The original reason TM came to exist was to ensure people did not get confused with brand names. Noone would confuse google.com with googlecars.com a site about cars... They cant take it from you If you are not using it as they are.

 

[Genialnames]

I think better I post again the subject, seem someone it is very distract, again.

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?)

I posted the question because I have read in other threads (not mine) that some people are worried and I intended this way to offer an opportunity to clarify the situation, I do not have any Vista related Domain (not yet )

Furthermore my personal curiosity was to understand if the power of money (MS) could in some way affect the way the laws are applied (that's the DNQuest theory)wich in part I think it is the sad thruth.

tgo wrote:

You canot TM a word... you just cant. You can register a TM meaning.etc etc

Personally I was always convinced that this is the correct way to interpret TMs, until I read some of the answers here at NP, that even if I did not agree I always avoid sarcastic comments about, because I like to think the forum "it is" the way we make it: I try to keep it interesting, elegant,clever and pleasant .
Sorry if some of you disagree.

ps
Labrocca I will not add you in any list, I am just asking you to avoid comments on the persons and to stay in topic.
I read your comments and even if I sometime I don't agree I think they are interesting, when they are not OT ,since they represents opinions.

 

[sunken]

The question really then is whether the UDRP arbitration is as tolerant as the US TM laws are in this respect? It's true, you can't TM a word by itself, but you can trademark a meaning and that meaning cannot relate to whatever it commonly means. For instance, you can't get a trademark on pearls for pearls, but you can get one for pearl as it relates to diamonds (for instance). However, from the way I read the UDRP cases, it seems to me from what I've read that a company merely has to prove a degree of confusion and it would be enough to lose the domain to the plaintiff. For instance, googlecars.com created after Google TM'd their name, while maybe not a TM infringement by law, could be argued that it causes sufficient confusion for a judgement for Google. Am I correct in this, that the UDRP is not necessarily in sync with the US TM laws?

 

[JoshHendo]

Guys...

You canot TM a word... you just cant. You can register a TM meaning.

TM is something that goes with a company, I own a few TM's that are not registared.

Vista has many people who have TM'ed the meaning they use it for. Windows vista has the TM on any OS/computer software. So no other OS can name itself windows.

This does not mean that MS can sue me for creating a site spanishvista.com. As this has nothing to do with MS. They can only sue if you are using the TM to sell a computer OS or software that is named with vista.

All of you need to know a TM is an idea, not a word. The word is only the representation of your idea. You canot trademark a word for every possible useage of that word. You just registar it for the field you are currently doing business.

I could come up with a company for selling cars, and call it vistacars.com and windows has NO right to the name or site since it is not infringing the trademark in any way.

Even google would have a hard time taking googlecars.com from my if I had it and were using it as a ecomerse site and had a differant logo with nothing in common with google.com. They own google TM but they only own that so other pages canot create a search called google or replicate any of google services(gmail,gearth,adsense, etc). Some people may disagree however as it seams they dont completely understand how TM's work as google is only TM'd for their current products. Anything with google in it probably will be challenged, but they have to prove you are using it in the same way as them and hurting them by you using it.

The original reason TM came to exist was to ensure people did not get confused with brand names. Noone would confuse google.com with googlecars.com a site about cars... They cant take it from you If you are not using it as they are.

No, but copyright maybe. Apparently coke copyrighted the word "Enjoy!" that you find on some coke bottles.....

Anyway, MS are going to do the best that they can to TM/Copyright the word vista, even though I know of a few companies that have a product with the word vista or their name contains the word vista.

 

[labrocca]

If you read the TM that MS filed for Vista it's quite extensive. Like I stated before...RESEARCH. You are asking for opinions on how they trademarked the name. WHY NOT GO TO THE SITE AND READ THE TM??? Your question just seems incorrectly worded. It seems like a question that has no answer. It's your lack of understanding of TM law that is rather frustrating. You should googleous for some good TM and Copyright law pages for dummies.

http://www.amazon.com/gp/product/07...104-3299456-8111918?n=507846&s=books&v=glance

Maybe that is the book for you.

 

[Genialnames]

If you read the TM that MS filed for Vista it's quite extensive. Like I stated before...RESEARCH. You are asking for opinions on how they trademarked the name. WHY NOT GO TO THE SITE AND READ THE TM???

hahaha, never seen a more resentful personality, nearly likeable! :D

Can I ask you if where you live it is full of hungry cats ?

Just imagine what if I would have posted this same your comment when casually I read a thread of a girl who was worried to have some problem with MS because she own a DN that contain Vista....

BTW I still consider strong the DNquest point.
IMHO for some reason it seem that the laws come interpreted and applied in order to favor the stronger(who has much money or power), not the weaker.
Maybe it is just an impression....

 

[DNQuest.com]

Actually, google can come after you for googlecars under dillution. Google has gained enough noteriaty to say "When people think of google, they think of us, so discontinue your usage of googlecars". And they will probably win.

In theory, you are correct, the words need meaning to qualify as a TM. They must be used in commerce as an identity. but the bottom line is a TM is just a word. You can't register xboxcars or ebaycars because of dillution. Though generic words are more open to interpretation (apple records, apple computers). Your statement is too broad to cover under the single statement.

McDonalds TMed "smile". but it's not registered.