Is Microsoft so big it can just use any product name it wants, knowing the lawyers will sort it out and they can ultimately
buy whatever they need to acquire the necessary trademark rights?

According to a report in the
Seattle Times, Microsoft may have stepped on the toes of another software company, just down the road in Redmond, when it announced the name "Vista" for its next Windows operating system.
Vista Inc., a business software and services company founded in 1999 by John Wall, owns a trademark of "vista" and is considering its options, which include "talking" to Microsoft. Talking to trademark owners seems to be the last thing on Microsoft's "to do list" when it comes to naming a product.
...the Windows team came up with several words that reflected the experience of using the new product. They were hashed out across the company, tested and reviewed with the help of outside consultants.
Microsoft splits its major advertising and branding work between ad giants Young & Rubicam and McCann-Erickson. The final decision was made by Windows bosses Jim Allchin, Will Poole and G. Michael Sievert, a former AT&T Wireless executive hired this year to lead the product's marketing.
Vista is a tricky choice because many companies claim trademarks on various uses of the word, said Wall, whose Kirkland-based Wall Data was acquired by Cupertino, Calif.-based NetManage in 2000. He has had to defend his company's trademark on the use of the words "vista" and "com" together; the company also owns the Internet domain vista.com.
"It's further confusion to a confusing mark," he said of Microsoft's decision.
As of yesterday afternoon, no companies had raised any Vista trademark issues with Microsoft lawyers, spokeswoman Stacy Drake said. She said the company filed for trademark protection of the words "Windows" and "Vista" used together.
"The name Vista is commonly used by a variety of companies in a variety of industries," she said. "We are only using the word Vista paired with our trademark Windows so the two together — 'Windows Vista' — form the name of our next operating system."
Engadget notes that among other "companies that could be affected by the new name are La Jolla, California, based
Vista Software, and Warren, Ohio’s
Vista Window Co., which makes, you guessed it, Windows."
Vista Windows.
Windows Vista. Bringing clarity to your world.
Posted by
abnu on Tuesday, July 26, 2005 @ 12:07 AM
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