Microsoft has set its lawyers onto a 17-year-old software writer from Vancouver, called Mike Rowe, because he has registered MikeRoweSoft.com, which the company said infringes on its trademark rights.
Mike Rowe, who registered the domain name in August 2003, received an email from Microsoft's lawyers three months later asking him to transfer the domain name to Microsoft. They also offered to pay him a "settlement" of $10 (£5.55), which is the cost of his original registration fee.
"I was surprised that they would offer such a little amount of money to persuade me to hand my domain over," said Rowe, who wrote back telling them that he had worked hard on the site and spent money printing stationery, but would be willing to give it up for $10,000. In response, he received a 25-page letter explaining why Microsoft's customers could get confused between his site and their site.
According to Rowe's Web site, which is straining to stay online because so many people are dropping in to wish him well, Microsoft accused him of setting up the site only because he had the intention to sell the domain for a large cash settlement. "This is not the case. I never thought my name would cause Microsoft to take this course of action against me. I just thought it was a good name for my small part-time business," said Rowe.
Microsoft was not immediately available for comment.
For an update on this story, click here.
Talkback
Honestly, Microsoft must be developing paranoid schizophrenic tendencies if they think *anyone* could mistake this kid's website for Microsoft's. Somebody in the MS tech R&D division should implant sense of humor modules in their lawyers.
mikerowesoft.com should stay with the kid as his name is within the URL. I doubt the kid spent $10,000 on the site and should be a little less conservative with the selling price.
Really, doesn't Microsoft have anything better to do than threaten would-be programmers? You'd think they'd find it a compliment. They can't seriously believe he's a market threat. Obviously choosing your Name + Career for a domain makes sense - if you can make it a funny, memorable pun on the biggest giant in the business, then more power to you.
Honestly, the more I learn about Microsoft, the more I look for alternative software.
If Microsoft believes their customers will be confused by the existence of mikerowesoft.com, then they hold an extremely dim view of their customer's intelligence.
I guess I'd better take my angelsoft.com site down before I'm taken to court by the toilet paper cartel.
The kid should have known better. When you register a domain, you are told that if you infringe (even the slightest) on a trademark your domain may be removed. The courts have long held that names which SOUND like a registered name infringe on the owner.
Mike Rowe could have chosen Rowesoft or Mikesoft and not had the problem.
The article also fails to mention what software the individual writes. If he doesn't have a large established business base than the cost for him to change should be small.
I've had a small business and NEVER printed up $10,000 of stationary. That is crazy. You buy $100 or $250 and make sure that your business will suceed before spending $10,000.
Another Microsoft enemny means another force to help take them down a notch.
I hope this proves to be a Public Relations nightmare for Microsuck and they realize that if a heavy handed company just like them were around when Gates started MS, they would not be in existance.
Looks like the devil, smells like the devil, acts like the devil, must be......
Microsoft thinks it will confuse customers? I'm a customer, and I find this statement really insulting to my intellegence. Nice. Get a life Microsoft.
Not only is Microsoft a bully, they are cheap to go along with it.....
They should change their name (to avoid mis-representing themselves of course).... how about Microsteal, Microswap, or Microminded.
I can't tell you HOW many times I have mistakenly spelled "Microsoft" "Mikerowesoft". For the longest time I thought that the maker of my Office product was some guy in Vancouver.
I often send my extra cash to the maker of my OS and my favorite toolset, Office. Much to my consternation, I have now discovered that I have been sending my extra cash to Mike Rowe rather than to Bill Gates. Ohmygosh.
I wonder if I can get a refund???
Microsoft really needs to get a life...
The lawsuit should be extended to the kid's parents for using a similar name to "MIcro" in "Microsoft".
Microsoft was founded 28 years old, the kid is just 17
In fact, Microsoft should trademark it's founder's name and sue everyone named William.
I think if Microsoft wants the domain name they should have to pay Mike Rowe what he wants for it. Microsoft should have planned better for domain name conflicts and if they missed this one, then it's too bad for them. You can't penalize entrepreneurs for being savvy.
Mike Rowe should considerUpping the price to 100,000 just for Microsoft's Arrogance. Maybe ms should have bought his name in anticipation of a possible "infringement", perhaps they should buy all names that sound like theirs, instead of waiting for someone to use the name, then demand that they hand it over. Hope Mike Rowe makes them spend a fortune on legal fees to get their way. Anyway, from my experience, Microsoft products are so clunky and flawed, why would the guy want his name associated with them. Their lawyers must be bored.
I say kill the kid !
Hey, it's confusing enough for non-English readers, I keep spelling it Microshyte....for some strange reason
Have all the other phonetic variations, such as mycrowsoft.com, been taken? How about bombarding MS with them to keep their lawyers hopping? We outnumber their lawyers and should take adventage of that fact.
Breaking News...CNN threatens seenn.com with copyright infringement....
What a bunch of power trippin' paranoid idiots. Thats my personal opinion of course, and if M$ want to sue me they can contact me at billgatesisatosser@hotmail.com
Have a nice day
:)
What a bunch of cheapskates!. It probably cost MS $10000 to write the 25 page letter! I don't think I could confused an hard working kid with a greedy corporate tycoon!
Headline Risk! When will corporations learn that at times its better to let these cases go than risk having headlines about it. Even if Microsoft wins the case, what they lose in bad PR is not worth it.
This is f-ing sad. I bet f I registered www.fullofbugs.com MS would come after me too, claiming that consumers might get misled because only Microsoft products are full of bugs. Losers.....
Way too little, you demand Micro( meaning very small) soft( in the head) $50,000.
Up the ante, if they want this to go away,
it will with $50,000. Hang in there they cant
hurt you, cant do too much to you, good luck.
Microsoft shouldnt be bothering about small 'companys' like that, they should be spending more time developing better programs with more reliable technology.
I think Mike Rowe has cause for civil damages.
Microsoft has said that Mike purposefully registered his domain in order to sell it to Microsoft for a large amount of cash.
That's slander in anyone's law court. Legal actions like this are public records and therefore Microsoft made these allegations in public.
If I was Mike Rowe's parent I'd hit Microsoft with a defamation suit. Damages? His future earnings are compromised for the rest of his life. Who knows how this will affect him?
this is shame to microsoft, i just cant belive.
Listen all Mike's you will have soon have to change your name
Is it realy average Microsoft customer so stupid?
What part of stupidity epidemic could be blamed on brain washing policy of microsoft.
Hiding real software structures under "decorations"
It is excuse it is esier the efect is overhelming confiusion spreaded by M$
They just cach own tail
I wishh mike hold ON.
Should M$ not be focusing its energy on preparing for the future market instead of a 17-year old boy with a funny domain name?
if microsoft is so concerned about the public's inability to recognize the spelling difference (after all these years that microsoft has given to advertising its products) we are truly a nation of idiots where the dumbing down of america persists. an explanation @best that presupposes microsoft's overinflated ego, but i think microsoft is still peeved that it had to pay millions to sun because it stole far more than mr. rowe has been accused and they're taking it out on the kid; i say put the kid on the microsoft payroll and be done with it. microsoft has had to buy, copy and steal its way to acheive dominance. mike rowe has actually flattered microsoft by his 'alleged mimicry' of them.
lol God Love Microsoft they just sue people for the hell of it, That's Corporate America for you! But Seriously Bill Cut down on it how the heck will people confuse MikeRowe with Micro?
Hmm maybe I should register mikrosoft.com. I could even have a business called that for twelve more.
I think Microsoft is getting a little more humane in its pursuit of "imitators." Britain's Mike Rowe obviously was trying to use his legal right to incorporate his name into his business venture, which Microsoft is trying to stifle. No big deal here; S. O. S. Same Old Story....
However, MS didn't thrteaten Mr. Rowe with its usual draconian measures and lawsuits, if he didn't sign over his domain, etc. to them. That's a great improvement, on the part of MS. Then, too, Mike is a non-American, and therefore, not quite as reachable by our sometimes freakishly quirky legal system.
My money is on Mike Rowe, since he didn't try to rip off MS for a freakishly exorbitant amount of money. $10K is too much, perhaps, but not a lot too much. I'm sure MS could shell out that much from their office coffe pot fund, and not have to do without their Starbuck's for even a single day....
Meanwhile, Mike Rowe just made his first $10K! Way to go, Mike!
For God's sake, Microsoft, leave the guy alone!
You already own half the galaxy. Go do something useful with your resources.
Shame on you!
I think that Mike Rowe and his web host have a DEFINITE case for a lawsuit. If it weren't for Micro$oft's actions then his website wouldn't have been hammered into 404-land.
As a result of their actions, they have caused his website to be down, which could potentially lead to lost business, not to mention the strain put on the servers at his ISP.
Hell, if M$ wants to play the lawsuit game, let's get everyone involved. Otherwise, I think Billy needs to just have a cup of cocoa and chill out. This kid is just trying to run his business - what's wrong with that?
Give 'em hell, Mike!
Microsoft must have lost their minds. Geez....hang it up Bill. This is legally this guys domain name and I, for one, am not confused between a billlion dollar software monopoly and a 17 year old programmer.
*sarcasm*
Now you know this kid is a real threat; he’s 17 and a software writer, which could prove to be a threat to Microsoft down the line. No need to let this get out of hand now, put him in his place, bitch slap him a little now before he decides to do something that might help advance software technology. We can’t have any of that; there is no room for any other OS software company besides Microsoft. The Big bully is watching….
Pretty sad to see that a company like Microsoft would pick on, rather then encourage an up and coming young entrepreneur like Mr. Rowe. They should hire Mike for being smart enough to out smart the big guys!!!
Hope Mike stands his ground and doesn't let a company like Microsoft strong arm him. The fact that Microsoft has their lawyers sending a teenager pages of legal nonsense is ludicrous...that alone should be against the law!!! And the CDN $10.00 offer is pathetic and disgusting all rolled into one...it wouldn't even cover his start-up costs. Who do they think they are??? Mike needs to up his demand to 1,000,000...$1,000 is pocket change to these bullies. In fact, so is a million.
Bullying the little guy doesn't win product support Microsoft!!!
Signed,
"One Disgusted Canadian"
If someone gets his site by mistake, this person is an idiot, blind typist or flatout
drunk.
Not to be picky, but this is a case of TRADEMARK violation not COPYRIGHT violation. Update your article!
In pure legal terms Mike Rowe would have the law on his side, if Mike Rowe is his legal name. However, we are talking about David vs Goliath. I'm on the side of David.
Hang in there Mike you haven't done anything more than businessmen have been doing for years, "Trying to get business names that are a 'sound-a-like' to an established company.
According to other reports the settlement requested is $1,000, NOT $10,000.
Mike should get a lawyer, countersue, and become a rich man at 20.
What a stupid waste of time. How does this even cross the desk of Microlimps managment? Why are they so petty and short sighted to give the kid free press at their own expence. This will be thrown out, and the lawers will be the only ones to gain anything.
Bill and his boys should back off and leave the kid alone. Aren't they big and powerful enough as it is? They probably have spent $10,000 just in administrative and legal fees pursuing this so far. Either leave the kid alone or make him an offer he can't refuse, say $50,000 (to be used for college) and some type of summer job. This would get them the domain name and give them some much needed positive PR. Its kind of like the old saying, "You catch more flies with honey than with vinegar."
MS = EVIL... Leave the kid alone!
Honestly the MS position is without legal merrit
it just goes to show MS's attitude toward it's customer base with the insult of only offering $10.00 USD!!!! to what anybody would do if they we're into having a .com.
I say that people should switch to lunix or Mac and take some of the wind out of their arrogant sails.
As long as Mike Rowe doesn't produce buggy, over-priced, un-standards-compliant software, I doubt I'll confuse the two.
Microsoft Must - trademark infringement laws say that a company must show that they consistently go after companies that infringe upon their trademarks. If they fail to do so, they lose leverage in future court case.
So as much as I find Microsoft to be a repulsive, arogant company, they have no choice but to go after a "company" that has a name phonetically identical to their own.
The test for a trademark infringement goes something like this: Are the names similar enough so as to cause consumer confusion? Are the companies in the same or similar industries? Does the infringing company attempt to play off the established company's products.
Well, Mike-Rowe-Soft sounds a heck of a lot like Mic-Ro-Soft. Both companies are in the techology industry, but Microsoft is a software writer and MikeRoweSoft is a web developer. MikeRoweSoft does not appear to be naming his products/services after any of Microsofts products/services.
However, Mike Rowe is a kid with limited resources. Microsoft can simply out lawyer him into debt to force him out of the domain. It's a hard lesson for Mike, a lot of free publicity for Mike, but Mike knew what he was doing when he registered a name that sounds exactly like Microsoft. He knew he was playing off of it, and now he's got to face the music.
But if my name was Mike Rowe, I would have done the exact same thing.
Cut your losses Mike, ride the publicity wave. Setup a new site and be sure to get that second site name in the press while you've still got their ears.
I think Mike should up the price to $1,000,000...see how they like that.
Poor Mike Rowe! Now what? he can't even use his own name for his own personal web site? Just another example of a faceless multi-million dollar BULLY trying to squash the little guy.
how insecure can a giant be? but then Gates has spent over 14 mil buying up the real estate surrounding his bunker in Medina--on the Eastside
only goes to show that totalitarians go paranoid with their inflated egos expand too much
and obviously, he's extremely generous with his money, but only in the case of his own minions
"The Guyton family sold its property to Carletti in June 1996, after they complained that construction dust and fumes from the Gates estate were causing them respiratory problems.
"The one thing I heard around that time is they were going to remodel it for their nanny. But I don't know what they've done with it since then," Dr. Steven Guyton said. "
Local News: Friday, January 16, 2004
Seattle Times
Gates quietly spends $14 million buying homes near Medina estate
By Warren Cornwall
Seattle Times Eastside bureau
"stationery" means paper goods
Stationary is the train off the track
never trust a MS spell-checker to do the work for you
Go for it... I don't see anything wrong with what he did and from my own experience 10,000 is about right for more than just stationary... we are talking about time which would make this in the ballpark.... Salute Kid also nice looking work you've started...
companies are getting getting a bit crazy. Ok, I can see asking for something like the actual company name, but going out of the way for for a name that doesnt have anything to do with the company in general thats just plain crazy
I must say, that even though I hate to see the little guy go down, iIt seems pretty obvious to me that "MikeRoweSoft" was an attempt to capitalize on the name recognition of "Microsoft". Funny play on words?--Yes. Legal use of his name?-Unfortunately not. Microsoft has to protect its name and it's branding from becoming trivialized through misuse, and as liberal and anti-corp as I am, it totally makes sense to me that they would pursue their legal rights to control their image and name.
Sorry, as much as we all hate Microsoft, they appear to be in the right here, to me.