Microsoft sue's a 17 year old "Mike Rowe"

Let's just put it this way, he didn't do anything wrong. And Microsoft just proved it once again that they are a bunch of paranoid a**holes. He was not threatening their property in any way and how can 17 yr old kid be any kind of competition for them and take away their business?

Good heavens. I see microsofts issue...I really do. But what idiots. Give the guy a freakin' phone call! Even NINTENDO does that when they feel something is wrong. If microsoft think there is a problem tell him to move his site before doing all this legal stuff. I'm amazed. What patheticness. :roll: In fact, if it was me, I would have just ignored it. Nobody sees this site anyway, or they didn't. Now they do, bad PR man.

brand names are worth billions. companies will spend any amount of money to defend their brand.

are there not limits though?

While I am not always pessimistic on human intentions, I think that you aren't seeing the true "evil" of this. Mike Rowe is the kids name! If he wants to put soft on the end of it let him. It ISN'T spelled like Microsoft's. As far as I am concernered, Article 1, Section 8, Clause 8 of the US Constitution does not say anything about pheonetic sound of the trademarked name, it is however where the trademarking has come from: [quote:b8f77151d3] Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;[/quote:b8f77151d3] The Internation Trademark Association ( http://www.inta.org ) also does not state anything on the pheonetic sound of the trademark, but covers everything else rather clearly: [quote:b8f77151d3="http://www.inta.org/info/faqsD.html#1"] A trademark is any word (Poison), name (Giorgio Armani), symbol or device (the Pillsbury Doughboy), slogan (Got Milk?), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (NBC chimes) color combination, smell or hologram can be a trademark under some circumstances. The term trademark is often used interchangeably to identify a trademark or service mark.[/quote:b8f77151d3] Even if it were to fall under [url=http://www.inta.org/dilution/] dilution[/url] the supreme court still states that the company must show how this has effected their company. It just isn't adding up. Mike Rowe is within his rights to that domain, and Microsoft is truely over reacting. It is nothing more then if www.google.com were to go and sue http://www.goggle.com/ simply because it has such a close spelling change. It really IS just another instance of an economic giant, trying to squash anything it finds wrong.

The thing is this: Microsoft have to get that domain down in order to protect their trademark - or else they'll loose the trademark. But what surprised me the most was that that guy asked for $10,000, now here are the things that he did wrong: 1. Registered a domain with a 'soft' in front of his name - when its a web design company! (Usually application development companies use 'soft', and if he'd have any common sense, he'd use "design" in front of his name. 2. He probably came up with that name and knew that it sounded like Microsoft and its gonna annoy them - he knew everything before he did it. It was all planned, and he also knew the court wouldn't do any harm to him because he's a kid (17) 3. He's got nothing to loose - Either its $10,000 he gets, or $10, but he wouldn't have to pay any money to microsoft (which seems obvious) so which means, he was indeed looking for making some $$$ out of the $10 domain he got! 4. Publicity - Its obvious that those who hate microsoft (like me) would support him. So he'll probably get some more clients with his company as this news has hit the world wide press. And I also remember, in his site blog, he has mentioned that after 1 day of that press, he got 250,000 hits which over-loaded his bandwidth and so he had to change hosts. So well, I personally agree with both of them: Microsoft - Because Mike Rowe knew everything and he just wanted to p*ss Microsoft off and black male them into paying $$$. He also purposely put a 'soft' at the end of his name, and branded it like a Web Design company, because it sounded like Microsoft. Mike Rowe - Microsoft have no right to accuse a 17 year old for putting a 'soft' at the end of his name (even though he knew what he was doing, putting a 'soft' in the front of his name and branding it as a web design company.) We'll see what the court decides!

[quote:dfdcf73c9e]Even if it were to fall under dilution the supreme court still states that the company must show how this has effected their company. [/quote:dfdcf73c9e] Microsoft can say that it has interfered with the company's publicity (which it has - we all know that) and it can possibly make a difference. But how much co-incidentional can it be for a person to put a 'soft' in front of his name and brand it as a web-design company? If Microsoft had a different name, would he still put the 'soft' in front of his name and use it as a web-design company? No. So the kid probably knew that he he had nothing to loose, except, by luck, get $10,000 for his domain. But , I do agree, you ARE aloud to use 'soft' in front of your name - theres no law (that I can think of) against it. Except, if it was a software company, making/selling software's, he would have a better chance of winning the case as people wouldn't think that he put the 'soft' in front of his name purposely (which now he has), and the court would've probably given a "OK", because he put a 'soft' in front of his name, and its a software company - which has gone the other way now.

[quote:117ee9b93d]So the kid probably knew that he he had nothing to loose, except, by luck, get $10,000 for his domain. [/quote:117ee9b93d] Microsoft states they took his claim for 10'000 too seriously, and Mike Rowe also stated he meant it as a joke, and never thought they would take it seriously.

[b:2187d5de42]http://seattlepi.nwsource.com/business/157403_mikerowe21.html[/b:2187d5de42]: [quote:2187d5de42]The lawyers suggested a $10 payment to cover the cost of registering the name. Rowe replied that the domain name was worth [b:2187d5de42]at least [/b:2187d5de42]$10,000[/quote:2187d5de42]

Tho i agree completely that Microsoft could have avoided a lot of issues with a simple phone call... HOWEVER the biggest thing is... If they don't sue him they stand to lose their patent/copyright and their standing for using the name Microsoft and all things like it.... Same thing happened a while ago with another company ... A band had to sue I believe it was Napster because if they didn't they would lose all their copyrights... They even said we support napster but we have no choice... I heard Microsoft wants to back down .. because they realize its stupid... but *shrug* we'll see what happens.. If the kid was legit and truly wanted a company and work with the name.. I'd support him completely... but I'm sorry I think Mike is completely wrong as quoted from his site: ------------------------------ "Today at about 9AM PST I was on CNN Live. I never thought it would get this big in my wildest dreams. Thank you for all of the support the last few days. I will be talking to Microsoft today to discuss clearing this situation up. Please stay tuned to what happens. There has been an article on CNET and ZDNet news regarding Microsoft and how they say that they took me too seriously. All along I have just wanted to prove a point that the small guy can win against the giant corporations. Hopefully people will stick up to what they think is right even if someone bigger than you is behind it." ----------------------------------- It was purposely done to piss off Microsoft... and that I have an issue with.. its not "Corporate vs Small Dogs" its "Corporate vs I Want Attention"....

He's a smart kid in the sense that he took great advantage of the situation. Most people would just get scared and take those $10 bucks and transfer the domain to Microsoft (I know I would :lol: ). This kid said that domain is worth $10,000 and I'm not selling. Pretty smart move but Microsoft will still shut him up even with money. People like that might get their 5 minutes of fame but very soon no one will remember about what happened.

Interesting Legal Firm representing Microsoft.. Smart and Biggar. Coincidence????

smart and biggar? :lol better than using dewey, cheatem and howe, their other law firm. microsoft has no choice but to protect their brand name. they are one of the greatest wealth producers in the history of man and will always fight for their own welfare. hard to say how far they would actually go if provoked.

Microsoft did the right thing nailing this smarmy kid to the wall :)

The truth is that they didn't do shit. All they did was make Mike popular. He is going to be the next Monica Lewinsky and soon he's gonna have his own TV show. :lol:

I think it's an outrage! At the very least they should hire thugs and rough him up. How is he gonna learn if he gets his own TV show?

Do you people seriously think that he did it p*ss microsoft off? If I were to guess, it would seem that he most likely bought it because the name sounded cool and had his name in it. Maybe he didn't even consider the legal ramifacations. Maybe he wasn't smart (or stupid) but ignorant. He wouldn't sell the name then, because he was succesfull and that would likely ruin his bussiness. Am I the one who is somehow ignorant here? It doesn't seem like anybody thinks that's the case. Are we getting conspiracy happy?

Ok, for the last time, I'll give you an example: You own a web design company, your name is "Mike Rowe". You are thinking of a name, would you choose "Mike Rowe Designs" or "MikeRoweSoft", considering, that its a web design company and not a Software company. If you use your head a bit, and try to say "MikeRoweSoft", you'll get "Microsoft", unless you're an idiot who doesn't know any English. But is the case? No. The guy is from Canada and AFAIK, Canadians know english. And why else would you choose MikeRoweSoft, unless its to p*ss Microsoft off? first of all, its a Web Design company not a Software (as I've said a thousand times), second of all, its no way near sounding cool - the guy just wanted some internet/media attention, and trying to make it sound like Microsoft, so people come to his site. So I think Microsoft is doing the right thing suing Mike Rowe, he should get the correct punishment for p*ssing MS off, and breaking the Trademark rules.

Just because he knew it sounded like microsoft does not mean he had an intent on getting the software giant angry. Just because it wasn't a standard name doesn't mean he cared. I'm sure he was aware it sounded like microsoft. Likely his knowledge was limited and he thought it was unlikely he would get in trouble. I wouldn't have expected to get in so much trouble if I had done it. Even if I had thought they would find out and care, I would have expected a phone call! Like I said, I would feel that even that would be unlikely. Maybe he didn't even think it possible.

Did you guys see that he actually changed his website? MikeRowesoft.com now goes to mikeroweforums.com. He is no longer a web design company. Wonder why?

How about because he never intended to be a designer, just wanted to get some traffic to his site and got burned :!:

maybe he got some money :) Decided to drop it..

I like Andrey's theory

that theory makes the most sense. he knew damn well what is sounded like. if he truly has conviction he ought to take on microsoft. he has at least a 0.023% chance of defeating them :)

Did you see his new forum. That little punk has 1000!! members and 500 people browsing his site at a time :!: :!: And in what...less then a week. As Sid said: [quote:ad3c1f85aa]Is that fast or what?[/quote:ad3c1f85aa]

yeah, see - told you guys he was seeking attention :o So, here was his plan: Register a domain that sounds like Microsoft Earn money with the brand name. Once Microsoft sue's you, defend your self and get attention from the media. Go in the court. If you loose, make it into a forum. If you win, get $10,000 for the domain. In either ways, he was the winner. That forum's now gonna be a tech forum, and he had the perfect plan to get a thousand members with it in a week and make it popular right from the start! Update: holy crap, It seems that the kid is a big winner: http://blog.seattlepi.nwsource.com/microsoft/archives/001313.html [quote:9dba7e3a97]--Agreed to help direct any traffic from mikerowesoft.com to Rowe's new Web site (which he's currently working on) to make sure he doesn�t lose any business. The company will pay any out-of-pocket expenses related to this change, including cost associated with changing over to the new url and any other expenses. (The Rowe family is now calculating those expenses.) --Invited Mike and his family on to the Microsoft campus for the company's Microsoft Research Tech Fest in March. The company will pay for the travel and accommodations. No promises, but it's possible he could meet Bill Gates, depending on the Microsoft chairman's schedule, Desler said. --Agreed to pay for Mike to get Microsoft Certification training. Depending on which courses he chooses, this could lead him to become a certified support technician, or system administrator, or something along those lines. --Agreed to give Mike a subscription to MSDN, the Microsoft Developer Network Web site, with various tools for developing software around Microsoft products. --Agreed to give Mike an Xbox game system, complete with a number of games of his choosing.[/quote:9dba7e3a97] Just for a $10 domain!! --lucky bastard-- :x

Wonder if I could pull that off? I am so registering nin10do.com tonight. Maybe compack.com, or gateweigh.com. :-D I want 10,000 bucks and an awesome website full of hits!

Unless those companies decide to sue you no one is going to come to those sites. He got so many visitors because media made him popular. No one is going to misspell nintendo and type in nin10do. Also Microsoft was relatively nice to the kid, it might not be the case with you so I don't think you wanna get publicity this way.

I was just kidding :)

I know :wink:

[quote:996926627b="DesignVelocity"]Unless those companies decide to sue you no one is going to come to those sites. He got so many visitors because media made him popular. No one is going to misspell nintendo and type in nin10do. Also Microsoft was relatively nice to the kid, it might not be the case with you so I don't think you wanna get publicity this way.[/quote:996926627b] No one was going to misspell Microsoft MikeRoweSoft either...I don't see your case.

i think mike rowe is already too famous from his $5 domain name!

B_heyer...you're right. Yeah, nobody has ever spelled it mikrowesoft by accident. Good point. Thanks.

Guys here is a fresh idea. Edwin is right, that punk has been getting way too much publicity. How about we delete this topic altogether?

Andrey's right. The case is now settled, thread locked.