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A bit on the late side now
How do you register a trademark that has been in common use since before MS came into existence?

Even if they wanted to I doubt the trademark office or the court system will allow it. The courts will view it as MS attempting to make money from something they have shown no interest in protecting before.

I thought MS had good lawyers. They must have been asleep in class the day law school taught the lesson on laches.

No to mention the fact you canot trademark common words. If memory serves correctly they couldn't trademark windows. What makes them think they can get away with this? I am certain they know they can't. Their plan is to litigate smaller companies into bankruptcy. I guess their lawyers also forgot that they can be sanctioned for frivilous lawsuits and MS can be forced to pay all the legal costs incurred by other companies in defending something as silly as this.

There is quite a bit of case law on situations similar to this. I've recently researched several cases where copyright protection was denind because the owner allowed others to use the copyrighted material for an excessive length of time before attempting to assert ownership and filed claims for copyright infringement. Court said, in one instance, 10 years was far too long.

MS is showing all the signs of a desperate company. Gates is showing all the signs of psychotic behavior. Somebody give him some prozac. He is a sociopath.
Posted by: AmusedAtItAll   Posted on: 11/12/04 You are currently: a Guest | Members login | Terms of Use

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MS: "Everything that contains SOFT must be renamed too." (NT)  Vily Clay | 11/11/04
Makers of Viagra are not in danger then  coffeenite | 11/12/04
Yeah, but doesn't MS deal in hardware, too? (nt)  Judas I. | 11/12/04
Yes, it does: Bill Gates = Check the Doors (NT)  Vily Clay | 11/12/04
Microsoft does sound like the antidote to Viagra and Cialis  B.O.F.H. | 11/13/04
Common Law Trademark: "Microsoft is Evil" must be taken.  Xunil_Sierutuf | 11/11/04
Jeff might ask  FilledOut | 11/12/04
Actually...  Jeff Spicoli | 11/12/04
I trademarked Flawed by Design(TM)  Xunil_Sierutuf | 11/12/04
Well, good going  FilledOut | 11/12/04
about the name?  zijiang | 11/11/04
Can we use words MICRO & SOFT separately? (NT)  Vily Clay | 11/12/04
Yes, of course ...  coffeenite | 11/12/04
Or, Macrostiff (nt)  Judas I. | 11/12/04
Thanks for the laugh...  vferrara | 11/12/04
Macro stiff = large-scale stubbornness = total flatness? = Longhorn? (NT)  Vily Clay | 11/12/04
This isn't a big deal  Michael Kelly | 11/12/04
One minor correction  Michael Kelly | 11/12/04
Yes, but...  rapson | 11/12/04
Yeah but who cares?  Michael Kelly | 11/12/04
This Program Has Performed An Illegal Operation And Will Shut Down  itanalyst | 11/12/04
The original Napster  FilledOut | 11/12/04
AOL had Prior Art though ...  coffeenite | 11/12/04
SCO?  Cardinal_Bill | 11/12/04
Kind of late now  John L. Ries | 11/12/04
Excel sure but can you trademark the rest...  el1jones | 11/12/04
Not even Excel  AbsolutelyNot | 11/12/04
Misunderstanding Generic Words  tic swayback | 11/12/04
Now, please, tell me your thoughts about TurboExcel and Excel. (NT)  Vily Clay | 11/14/04
Excel seems trademarkeable to me  tic swayback | 11/15/04
Pepsi is a unique name, Excel is not. (NT)  Vily Clay | 11/15/04
Not quite  wresnick | 11/15/04
So, MS is going to trademark the word "Word."  Judas I. | 11/12/04
You owe, twice now  Spoon Jabber | 11/12/04
Dang! You're right, Spooner!  Judas I. | 11/12/04
Taken to it's logical limit ...  coffeenite | 11/12/04
Whoops!  coffeenite | 11/12/04
Restrict part of a Trademark ???  Update victim | 11/12/04
Bill and Steve's Excel-ent Adventure  coffeenite | 11/12/04
Without facts!!  mabricen | 11/12/04
A bit on the late side now  AmusedAtItAll | 11/12/04
Trademarking common words  rbriem | 11/18/04
Excel?  Zontor_z | 11/15/04
Not really  tic swayback | 11/15/04
Does that mean that we change the name of our City?  ShockRide | 02/24/05

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