4 ms·

I'm curious if it would stand up in court. Microsoft owns the trademark for "Windows", but walk into a hardware store and you'll see dozens of companies that f

I'm curious if it would stand up in court. Microsoft owns the trademark for "Windows", but walk into a hardware store and you'll see dozens of companies that freely use windows in their name. I've never heard of Microsoft going after them.

bullseye 15y ago
No one is likely to confuse panes of glass with an operating system. If those same hardware companies started selling branded software, or probably even computer hardware for that matter, it would likely be a different story.
- gaius 15y ago
  Legend has it that DEC and Hoover periodically sued each other over the trademark for VAX.
Joakal 15y ago
Trademarks are granted for certain products and services. In Microsoft's case, it's computer services or something. If you try to offer an operating system with a name that has Windows in it, then you would be sued. Here's an example: https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_vs._Lindows https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_vs....
- 6ren 15y ago
  You're right in general, but that example doesn't support it: MS didn't win, but bought the trademark. For $20 million.
  - Joakal 15y ago
    Here's a list of other trademark litigation cases: https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_litigation#Trademarks https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_lit...
code_duck 15y ago
That's because trademarks only apply to a particular line of business - specific 'goods and services'. Along the same lines, if I wanted to open a business called Dell in the line of plumbing, that would be fine as long as I stayed away from the computing business under that name. Sometimes, there's a conflict when the definitions may overlap - Apple Corps (Records) vs. Apple Computer, for instance.
- A1kmm 15y ago
  In the US, there are two ways to infringe trademarks: 1) Using the trademark in a way likely to cause confusion - generally has to be in the same line of business. 2) Trademark dilution - using a famous, distinctive brand and making it a generic term. Entrepreneur, Apple and Windows aren't distinctive in their own rights (the logos might be, however), but some names certainly are.
  - gavinballard 15y ago
    Some seminal examples of this (in Australia at least) include "McDonald's" (pretty much impossible to brand any good or service, no matter its class, as such) and "Nike" (the shoe manufacturer prevented the manufacture of "Nike" perfume).
    - GFischer 15y ago
      Trademarks are usually registered in one or several international classes (there are 45 of them), but there's a cost per class, so most companies don't try to cover the whole spectrum: http://www.uspto.gov/trademarks/notices/international.jsp http://www.uspto.gov/trademarks/notices/international.jsp So, you can have a "Widgets" trademark for class 9 (Electrical and scientific apparatus), and another company can own the "Widgets" trademark for class 29 (Toys and sporting goods). Some companies do register their trademark across the whole spectrum, like Coca-Cola, and probably Nike too. Note that pharmaceuticals are a whole different story, as there are so many of them that you can have similar-sounding ones as long as they do something very different.

bullseye 15y ago

No one is likely to confuse panes of glass with an operating system. If those same hardware companies started selling branded software, or probably even computer hardware for that matter, it would likely be a different story.

gaius 15y ago
Legend has it that DEC and Hoover periodically sued each other over the trademark for VAX.

Joakal 15y ago

Trademarks are granted for certain products and services. In Microsoft's case, it's computer services or something. If you try to offer an operating system with a name that has Windows in it, then you would be sued. Here's an example: https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_vs._Lindows https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_vs....

6ren 15y ago
You're right in general, but that example doesn't support it: MS didn't win, but bought the trademark. For $20 million.
- Joakal 15y ago
  Here's a list of other trademark litigation cases: https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_litigation#Trademarks https://secure.wikimedia.org/wikipedia/en/wiki/Microsoft_lit...

code_duck 15y ago

That's because trademarks only apply to a particular line of business - specific 'goods and services'. Along the same lines, if I wanted to open a business called Dell in the line of plumbing, that would be fine as long as I stayed away from the computing business under that name. Sometimes, there's a conflict when the definitions may overlap - Apple Corps (Records) vs. Apple Computer, for instance.

A1kmm 15y ago
In the US, there are two ways to infringe trademarks: 1) Using the trademark in a way likely to cause confusion - generally has to be in the same line of business. 2) Trademark dilution - using a famous, distinctive brand and making it a generic term. Entrepreneur, Apple and Windows aren't distinctive in their own rights (the logos might be, however), but some names certainly are.
- gavinballard 15y ago
  Some seminal examples of this (in Australia at least) include "McDonald's" (pretty much impossible to brand any good or service, no matter its class, as such) and "Nike" (the shoe manufacturer prevented the manufacture of "Nike" perfume).
  - GFischer 15y ago
    Trademarks are usually registered in one or several international classes (there are 45 of them), but there's a cost per class, so most companies don't try to cover the whole spectrum: http://www.uspto.gov/trademarks/notices/international.jsp http://www.uspto.gov/trademarks/notices/international.jsp So, you can have a "Widgets" trademark for class 9 (Electrical and scientific apparatus), and another company can own the "Widgets" trademark for class 29 (Toys and sporting goods). Some companies do register their trademark across the whole spectrum, like Coca-Cola, and probably Nike too. Note that pharmaceuticals are a whole different story, as there are so many of them that you can have similar-sounding ones as long as they do something very different.