Microsoft has admitted it may have made a mistake in threatening Mike Rowe for using his Web site, mikerowesoft.com
Rowe, a student from Vancouver, registered mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an email from Microsoft's lawyers asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10 (£5.55), which is the cost of his original registration fee.
However, after the case received widespread coverage on the Internet, Microsoft has admitted it may have taken things too far and has promised to treat Rowe fairly. A Microsoft spokesperson told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case."
Under the law, Microsoft is required to take action to protect its trademark against widespread infringement. Struan Robertson, editor of legal IT Web site Out-Law.com, explained that if a trademark holder does not take action to protect its trademark whenever it is aware of a potential infringement, it risks losing that protection.
Robertson gives Hoover as an example of a trademark that has become a generic word: "If you or I talk about hoovering our house, that is not an issue, but if Electrolux talks about hoovering, that is an issue," he said.
According to Robertson, Rowe may have a good argument for keeping the domain name because it is his real name and he isn't pretending to be affiliated with Microsoft. But he said that Microsoft probably regrets getting involved with the case because of all the bad publicity it has generated.
"It is probably a very trivial issue for Microsoft and I wouldn't be surprised if they regret getting involved with it. Microsoft may be prepared to pay him some money to make this go away because this is not the kind of publicity that Microsoft wants to attract," added Robertson.
Microsoft hopes to resolve the problem in a way that both parties are happy: "We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law," the spokesperson said.
Talkback
Mike Rowe should be the one p****d off here, for being accused of association to a low standards company like Microsoft.
This guy is 100% wrong, he knew exactly what he was registering, companies have to protect their trademark, or they could lose it. It is business, and this guy chose his name specifically because it sounded like Microsoft. It wasn't a coincidence, it was bad faith. If his name was Mike Rowesoft he might have a chance. But he added the Soft? How convenient.....Whether he is 17 or 80 years old he was breaking the law.
MS is certainly obliged to vigorously defend its trademarks if it wants to keep them, so objecting to mikerowesoft.com is perfectly reasonable, even to the point of litigation if necessary. But well short of such bullying, MS could just as effectively (and much more quietly) defend themselves by simply buying the domain name at an equitable price. What knucklehead thug decided that $10 was anything but a legal mugging of this poor young entrepreneur? (Oh, when you find out, I'd strongly suggest firing him). Building contacts, printing business cards, etc. all has real value, and Rowe should be reasonably compensated for the inconvenience of surrendering what is, after all, his own name. Maybe $10K is a llittle high (the $1000 mentioned in this story is off by a zero from other accounts I've read), but it's a lot closer to the mark than $10, and Rowe admits that he just picked a number as a counteroffer after MS's ridiculous lowballing. C'mon Redmond - show a little largesse, give the kid enough to make it worth his while, and kill this ugly little story before it gets bigger and uglier.
Let the guy keep his domain and get a sense of humor, Microsoft!
I have nothing personal against Mike Rowe or Microsoft, but I will tell u something, Mike Rowe is just a trouble maker making lifes difficult for consumers with money, who are the kings in the world of buisness.
Just imagine the difficulty Mike Rowe is causing to millions of potential consumers, if his company made mouse for PCs, u phone a shop and say I want a "Microsoft mouse" and they send you a "MikeRoweSoft Mouse" or Vice versa. Just imagine the diffculty blind people will have when using a text to spech converter or in a store, they ask the assistant for a "Microsoft mouse" and they give you a "MikeRoweSoft Mouse" , which when u come home is the CR*P u will expect from a ID*T who set it up.
IMHO, Come on this site should not be shut down by micrsoft but by sane consumers, because MikeRowe is trying to con us, plain simple!
The same applies to Lindows, I nearly bought a PC on the Internet because it was £80 cheaper than a spec for spec machine. It was preloaded with LINDOWS and at that time I wasn't aware of Lindows, thinking it to be a typing ERROR. Thanks to a geek friend of mine, my hard earned cash was saved.
I wanted a PC with windows not Linux, but Lindows was trying to con the Lay consumer into buying their product.
So I promised to myself never to buy from a conning firm like lindows, and when I wanted to try Linux, I bought a copy from RED HAT, why i did it was that they had a unique non confusing name to show product ORIGINALITY, not a cloning name.
So MR Mike Rowe get this straight, u can set up a company with a misleading name, but belive me when consumers feel they have been tried to bee cheated your buisness will become a sucessfull failure. So get a life and call ur company a unique name to set it apart from other such as MikeRowe.com
Mike just sits back silently and laughs. This kind of publicity campaign would have cost big bucks.
In response to the coward hiding being a no name, likes to pick on children I see. I quote this person
" Mike Rowe is just a trouble maker making lifes difficult for consumers with money, who are the kings in the world of buisness."
Now come on, how is he conning people, he has to the right to his personal name for his bussiness which by the way isnt selling computer parts. Your a joke by writing your comments and cowarding behind a no name user id! He is a kid that creates web site designs, not in the market of computer parts. As u see this cowards remakrs i quote saying..
"Just imagine the difficulty Mike Rowe is causing to millions of potential consumers, if his company made mouse for PCs, u phone a shop and say I want a "Microsoft mouse" and they send you a "MikeRoweSoft Mouse" or Vice versa. Just imagine the diffculty blind people will have when using a text to spech converter or in a store, they ask the assistant for a "Microsoft mouse" and they give you a "MikeRoweSoft Mouse" , which when u come home is the CR*P u will expect from a ID*T who set it up."
You see he is making stupid comments like that when he should know Mike Rowe isnt selling parts like that but his talents in web design. Get your facts straight before picking on a kid! and I quote the coward again..saying
" because MikeRowe is trying to con us, plain simple!"
I see this coward thinks Mike Rowe is trying to con us, well i dont see how Mike Rowe is doing that since he doesnt sell any parts like you mention in your talkback comments" Just is artistic talents in web design.
And add to the fact that it is in a completely different business makes this even more absurd!
In in short to the guy that thinks he is trying to con everyone must be really low to pick on a kid , when he himself can not even order a computer properly. Saying he didnt know he ordered a computer with Lindows on it and he wanted Windows. Its called learn how to read!! That was your error for getting the wrong system and not reading what you had ordered..you make me laugh haha!
And i quote the coward again.. saying
" So get a life.."
So in closing this coward likes to insult a kid trying to make something of himself and has nothing better to do other than poke fun at someone tha tis working hard. Give him credit most kids wouldnt be doing this but getting themselves into trouble with other things.
I say right on Mike Rowe, keep up the good hard work and be strong. Remember , Dont let people llike this coward I quoted slow you down.
PS. I am man enough to use my real name.
From a fellow small business person to another,
Matthew Parry
I believe that Microsoft is being punished because they have all the money. The bottom line is that the kids name is Mike Rowe and not MikeRowesoft. To add that little section infringes on their trademark, PERIOD.
Great he is a kid who is a entrepenuer(sp?) but he needs to change part of his company title, this is part of doing business in world filled with patents and trademarks. If the shoe was on the other foot you would want Microsoft skinned alive. What a bunch of hypocrits and haters.
MikeRoweSoft is not a trademark....MICROSOFT is. And for the poor fool mistaking Lindows for Windows, you sir, do not deserve to own a computer. At least Lindows doesn't refer to "sheets of glass designed to allow light pass through such as in a house" as is the case of Windows, a purely generic term.
Whe doesn't Microsoft go after something a little better like ie.com or access.com? They both could represent Microsoft softwares.
If a person had a name of Mi Crosoft. Would he have any right to the name as some of you are suggesting Mike Rowe would have for MikeRowe.com? What if Mike Rowe did own a software company, and was incorporated and Mike Rowe as trademarked also, could he have MikeRoweSoftCorp.com?
Makes you think, doesn't it?
I find the idea this person registered the domain to infringe apon Microsofts copyrights laughable.
Point 1: If this was the case why would he not draw attention to domain so that perhaps Microsoft sees it maybe? The fact it went 3 months without a problem suggests this is not the case.
Point 2: MikeRowesoft seems to be a company that deals in designs not computer software.
I find the idea anyone could confuse Mikerowsoft and Microsoft laughable also, I mean, Come on, how stupid are people, the the above point, point 2 it is almost impossible
Anyone with eyes can tell MikeRowe is not Micro, those blind who use Text-To-Speech engines, this problem can be solved to,
If it sounds like microsoft and isn't spelt with those letters, it could say (Not Microsoft Corporation) after each utter couldn't it.
I rest my case.
I would imagine Microsoft (legal) is now taking this seriously.
Or at least one of their lawyers or head of their legal department, being in receipt of a phone call from Bill Gates..
"What were you thinking?"
Mike Rowe's birthmark was his name. can you imagine if Bill Gates himself had a domain,"billgatessoft.com"?
Oh yeah, it has! ROFLMAO:
"The associated domain name has probably been reserved by a client from GANDI then parked. "
Well. The things that are possible. You hang in there Mike Rowe. Your birthright is yours, and you are intitled to use it in an appropriate manner. MS, no one can abrogate that.
Besides, MS wants to pay you for the inconveniences they have thrust upon you.
And the publicity doesn't hurt (you) either!
Best of Wishes,
Terry
Anyone would think that MikeRoweSoft is the only website addy sounding like microsoft or using the microsoft name, well those that do would be wrong because there are lots of names on the internet that phonetically sound like and some even use the microsoft name.
So Mr Microsoft before you go picking on the small business man go looking on your internet and see the hundreds of others that are using names sounding like yours to, because i can guarantee you there are lots out there. And if u choose to take on MikeRowe then you better be prepared to take on all the others out there to otherwise its discrimination.
So Microsoft stop being so greedy and let the subject lie, you dont own the domain world.
No offense buddy, you're taking this a little too far. Before you buy something, its customary to actually check what it is before you hand over the money.
If you don't think Microsoft doesn't think carefully before they take any action then you're living in a dream world. They knew exactly what they were doing. Shoot first and ask questions later. Microsoft management and lawyers are a bunch of draconian jerks.
If this goes forward, I hope he kicks Micro$oft in the proverbial wallet... big time!
I have to agree with about 95% of the people that know about this story (over 50% of the world population by now), and that is that Mike Rowe is in his right to keep it.
Microsoft were just a bit late in getting to the domain name and are pi*sed about it, well bad luck. I have had a domain stolen from me in the past and I was not offered a payment for it, they just took it (not M$) so I have some idea on what Mike Rowe is going through.
The only true way for Microsoft to protect their name is to purchase every domain in the entire world, thus making the Internet theirs. I say this because there are so many web sites run on a Microsoft product, have a reference to Microsoft or are bagging Microsoft.
Does this very subject not infringe on Microsoft's copyright as we are using their name? Where should it end? I say Microsoft should bugger off and leave the poor kid alone and do some real work and fix your products.
As for the joker who just bagged Mike Rowe but could not be bothered leaving his name, "get a life" and stop hiding behind ya momma's apron.
My 2 cents worth, go and kick some but Mike Rowe, I know I support you.
The problem is Soft I would tell him drop the word Soft and settle the case.
Microsoft can't make him give up MikeRowe because that's his name but, he knew what he was doing when he added the word Soft to his name.
Microsoft on the other hand insulted the kid by just saying his site is worth $10. I don't think the kid wanted $10,000 but, the point he was making is $10 is nothing.
Microsoft you think they would want to stay out of the spotlight. DOJ vs MS has done nothing to tame MS.
Once again I suggest that your article is dead wrong when it implies that Microsoft is "required" as if its actions are automatically mandated to file suit. It is not automatically "required" to take action.
By that logic, Mike Rowe, may be automatically required to treat Microsoft fair and not sue them for defamation of character, liable, restraint of trade and a half dozen other egregious because of their Slap Suit tactics.
I would like to see Mike Rowe go ahead and take this to court. Let's see what a jury thinks. What about the other domain names that have been registered under Mike Rowe using other extensions. Who owns them? Are they going to be sued also?
John Michealson is the one taking this too seriously. Back when Micro Soft was forming there was a company MicroSwitch that made a line of switches noted for there "soft" operation. Micro Soft meant something different then. But MicroSwitch knew that few would confuse a software product with a switch.
If you could establish that someone could spell microsoft incorrectly and end up at MikeRoweSoft I would guess MS would have a case. But that is really a stretch.
We have lost our ability to poke fun at icons. Sad.
If you'll note in the actual website...Mr. Rowe considered Microsoft's offer of $10.00 - but then asked them for $10,000 to make the case go away (claiming that was a fair amount considering all the "work" he had put into the website and business cards). Mr. Rowe knew exactly what he was doing when he registered the domain name, and was just waiting for legal action from Microsoft so either A.) He could get a hefty cash settlement (money for nothing) or B.) garner enough publicity to make a name for himself.
It's sickening - expecially to know that a person like this could be our future.
Re: Gessica Martin's comment. How has Microsoft been punished? What have they lost? They don't even get punished when they commit crimes. How about if Mike Rowe changes his domain name to MikeRoweSoftAreABunchofF**kingCriminals.com? That would be protected free speech.
And even though you capitalized the word PERIOD that still doesnt make using the word soft combined with his own name a trademark violation. Ever hear of software? The word "soft" is kind of popular in our business. Next time you write a fan letter to Bill Gates tell him Shawn says hi.
Please, take these points seriously.
1) Mike is just a kid. At his age the internet is his playground. He can register a domain name knowing that in a few years it will just disappear into the ether and if another company wants to pick it up, it can. If anyone is at fault it is the domain registation company.
2) Mike is Canadian. How could he know anything about an obscure American law that would require a company to defend itself against all comers, or lose its defense to any subsequent challengers. In Canada, we are protected from frivalous lawsuits similar to this. That is, the two companies don't sell the same product and don't have the same name; ergo, there is no suit. And we are too nice to register a domain name just to hold it hostage.
3) Microsoft is big. This issue could have been easily resolved by buying the domain name michaelrowesoftware.com, helping Mike move the site over to the new domain, and putting a new page on the old domain... "This page has moved. Please, update you bookmarks." The whole process would have been completed in a day, and the world would never know. But the guys who know how to do this don't work in the legal department, and don't work in Redmond. (Do I really have to qualify that I mean that they do work for Microsoft, but just in their offices in Houston or Hyderabad?)
4) Mike is being sued. In his last year of high school, he has to take time off and go to court, instead of studying for exams and trying to qualify to enter university. And instead of saving for his first year of university, he has to shell out of his own pocket (with some help) to pay for legal advise in international law. I don't think all the free publicity is working in his favour right now.
I hope everything goes well for Mike and his web design business.
hey michealson, take a hike ! windows is a generic name, and they flicked the concept from xerox, mac etc... so, we know very well, who microsoft is. whats wrong in having a pun in a name ? microsft does not own the world. just as yet. maybe you are sold out.
Hopefully his software will be more stable & less bloated than Microsoft's. Leave the kid alone. Good lord!!
This reminds me of the Spike TV farce.
Wow, you'd think MicroScum would have better things to do then sue someone because their sites URL was MikeRoweSoft.
What a bunch of Jackasses
It was obviously a deliberate play on Microsoft's name. Whether it was intended to attract publicity or not is another question and one I think it would be hard to judge. It is understandable from one perspective to see the humorous value of using one's name in this fashion. However, it is the actual intention of its use and the perceived impact that should be questioned. My personal opinion? I believe it wasn't deliberate in that sense. Microsoft offered him $10 for his domain and he asked for $10000. This of course was a clever ploy and enabled Microsoft to accuse him of planning extortion from the beginning. He either had ill-intent and was just naive or was simply ignorant of the consequences all along. I believe the latter.
Within a 1/2 hr of learning of Mike Rowe's problems with M$, I registered wynnedoes.com. I have not yet heard from them about this and don't much care one way or the other if I do.
I'd suggest that they read the site's EULA carefully before contacting me though. :-)
Mike Rowe should be Sued.
He blatantly tried to attract attention to his site by aligning it with Microsoft's name. This is called stealing intellectual copyright so he should be sued. It was deliberate because he added the 'soft'. The adding of the 'soft' proves his guilt.
To be honest, Microsoft take EVERYTHING too seriously
I hope Microsoft loses. They have already lost in Australia against a pillow company which calls its product "Microsoft" . The court decided that even though the name was the same, the business was so obviously different that there would be no likelyhood of confusion between the two products.
Microsoft (the software) company lost.
this is stupid, Mike Roe should get the cash for his domain, and Microsoft should screw off
What does microsoft think we are. Stupid!!! Let me tell you. WE ARE NOT STUPID YOU ARE. Ten bucs pice of s***. Go on Mike...
What rubbish. Mike's site is already located at www.mikeroweforums.com so why the hell would he want to also register www.mikerowesoft.com for the same site? Considering he doesn't even write software, this is a bit of a dumb move.
Lay off Microsoft - ever considered that maybe they are such control freaks and protective of their stuff BECAUSE people seem to want to rip THEM off? At the end of the day, MS is just another company who got their first with all the good ideas, have the money and power to make things work, and pass on the benefits to everyone else. Boo hoo, go home jealous girls.
Look at the alternatives out there - is it any wonder MS got so far ahead? They're the only ones who innovate and develop half-decent stuff. So don't you dare cry that you can't get your work done just because you are loathe to use MS stuff. Get over it - there are more important things in the world to grump about than petty squabbling.
If Microsoft have a monopoly on anything, it's because they saw that the target market was so flooded with pure crap, they thought they could do better, and have, time and time again, proved that. Big fat hairy deal.
Oh dear God. If this went to court, imagine the scene...
Prosecutor: Is your name Mike Rowe?
Mike: Yes
Prosecutor: Do you make computer software?
Mike: No
Prosecutor: So what jusitification do you have for using MikeRowSoft as your domain name?
Mike: None, really, its my name and the "soft" bit at the end takes the mickey out of MS
Judge: Mike Rowe, I sentence you to a lifetime of fixing MS software bugs and also fine you $12,000 for wasting court time.
What stupid fools wrote their misinformed opinions here.
So you hate MS - well, they probably hate you. So sue them, everyone else has, only most of the time MS win because their case actually makes logical and business sense. And it's perfectly legal.
In other words, SHUT UP.
P.S. I agree with whoever said that guy who confused Lindows with Windows is a dumbf**k... people like that should never be allowed near a public phone booth, never mind a computer.
Bleh, Microsoft is entitled to sue, there exist way too much trademark, brandname and other domain name piracy. This was innocent though, and I am sure, if they had offered him to purchase the domain name for a free 1year MSDN subscription, he would have taken it. That way MS wouldn't have had to spend a dime, and Mike Rowe would have been given opportunities to learn the MS platform..
I am a student, and my university is part of a deal with MS where they pay an annual $4000 or so, and gain access to all students. The deal known as MSDNAA - Academic Alliance also allows all students enrolled in an IT subject using microsoft technology to take home any MS software with the exception being MS Office - And burn their own copy of it. This is full MS products like SQL Server, Windows Server 2003 Enterprise (1CPU), Visual Studio.NET 2003, etc. The best part is... They even allow you to keep it after you've graduated! I didn't even slightly consider programming .NET until I got aware of this handout, and stuck to Open Source. Now I'm programming nifty little XML based webservices to make my day easier. So I guess the stunt works for MS, gaining new customers.
If they can afford this, they certainly can afford handing Mike Rowe a measingly MSDN subscription.
That was a large tangent, I should get some sleep!
John Michealson quote: "and this guy chose his name specifically because it sounded like Microsoft"
No he didn't you tw**, he was born with it. He also started a small software company of his own, hence the 'Soft' at the end.
some people...
It makes me seethe, for crying out loud, it's the BLOKE's NAME, and he writes SOFTware!!!
Who the hell do microsoft, or for that matter any other corporate giant, think they are? Copyright has gone truly crazy.
You really are kidding right?
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Lay off Microsoft - ever considered that maybe they are such control freaks and protective of their stuff BECAUSE people seem to want to rip THEM off? At the end of the day, MS is just another company who got their first with all the good ideas, have the money and power to make things work, and pass on the benefits to everyone else. Boo hoo, go home jealous girls.
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Microsoft (the software company) has not CREATED anything. They have bought or licensed everything they sell.
The only good idea they have had is to steal what other companys create (check all the lawsuits they have lost for prof of this).
The only other 'good' thing they have done is they are great at marketing and extorting money from companies.
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Look at the alternatives out there - is it any wonder MS got so far ahead?
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Yes, considering even 10 year old Amiga OS is far better than today's Windows and far more secure.
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They're the only ones who innovate and develop half-decent stuff.
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What an apologist. Read above, MS has never created anything.
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So don't you dare cry that you can't get your work done just because you are loathe to use MS stuff. Get over it - there are more important things in the world to grump about than petty squabbling.
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Right, there are more important things than trying to spread lies about MS (meaning you - claiming MS has ever done anything on their own).
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If Microsoft have a monopoly on anything, it's because they saw that the target market was so flooded with pure crap, they thought they could do better, and have, time and time again, proved that. Big fat hairy deal.
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Sure, when they steal what other people/companies create.
A number of years ago MS sent a ciese and desist letter (about their company name) to a company that was almost as old as MS.
The name of the company was "Beagle Bros. Micro Software". Instead of fighting, they changed the name to Beagle Bros. Software.
MS claimed that the name caused comfusion in the marketplace. Funny thing is, I don't know of anyone that would haev confused software from a company that only made Apple ][ products that actually WORK and were unique compared to the crap MS pushes.