Sign in with
Sign up | Sign in

Windows Campaign Violating Trademark?

By - Source: Tom's Hardware | B 4 comments

Microsoft is being targeted by a startup company going by the name ‘G.ho.st’ in an apparent claim that Microsoft is violating a company trademark. The violation in question has to do with use of phrases such as “no walls” in its US$300 million Windows marketing and advertising campaign.

G.ho.st CEO Zvi Schreiber sent a letter to Microsoft CEO Steve Ballmer last Tuesday asking that Microsoft stop using the phrases “life without walls,” “imagine without walls” and “imagine no walls” on its products, website, marketing materials, advertising and other promotions. It was also requested in writing that they stop using the phrases by the close of business last Thursday. To no surprise, it never happened.

As of Monday, Microsoft was still using the phrases in its campaign. Michael Marinello, a Microsoft spokesman, said via e-mail that the company has acknowledged it had gotten the letter from Schreiber but, “the allegation is without merit.” Schreiber claims that G.ho.st has been using the phrase “no walls” to describe its G.ho.st Virtual Computer product, which is a hosted operating system that runs in a virtual environment. This product is described by Schreiber as being a “conceptual alternative to Windows.”

To add to Schreiber’s request to stop using the phrases, G.ho.st has also requested that Microsoft publish, “in the same media where these marks were displayed or advertised” clarification that it has not licensed G.ho.st’s technology or trademark. They also asked that Microsoft mention that they do not use the same “features or benefits of the G.ho.st Virtual Computer.”

If none of that was enough, they are also asking Microsoft to negotiate a “good faith” license for the past usage of what the company believes is its trademark. At the time of publication G.ho.st had not responded to any requests about whether it would be taking legal action against Microsoft to resolve the matter.

For the record – G.ho.st has not officially trademarked the phrase and has only filed an application to do so, on the same day that it had sent Microsoft the original letter – last Tuesday.

Original source.

Discuss
Ask a Category Expert

Create a new thread in the UK News comments forum about this subject

Example: Notebook, Android, SSD hard drive

This thread is closed for comments
  • 0 Hide
    Anonymous , 1 October 2008 02:06
    I went to the G.ho.st website and didn't see any phrase about "no walls. Personally, I think the whole trademark concept is getting out of hand. Nowadays, trademark the phrase "Smooth as silk" and then sue anyone who use the words "smooth as", regardless of what the last part is. Or sue anyone using the word silk. Starbucks did that - they sued a small restaurant on an island of the coast of British Columbia, Canada called Haidabucks, claiming it infringed their TM. I don't know about you, but I don't get confused between the two names. I guess you need to be a high paid lawyer or executive to be that easily confused.
  • 0 Hide
    sinewave242 , 1 October 2008 02:12
    It's obviously a joke. :)  They're making fun of Microsoft for doing similar stupid things in the past. Even the birds know that Microsoft is actually the one that's notorious for copyrighting words like "windows", then more recently the "page up" and "page down" keys on the keyboard. I mean, hey! :) ) It's also a good and cheap advert for G.ho.st. Now I'm intrigued by this G.ho.st and I'm going to visit their site and see how it compares to other VM's :) .

    Cheers!
  • 0 Hide
    Nick_C , 1 October 2008 03:56
    What an excellent free advertising ploy!
  • Display all 4 comments.
  • 0 Hide
    bobwya , 1 October 2008 05:23
    I look forward to reading some M$ comments about this on the fake Steve Ballmer blog site!!

    Bob