RSS'Vista' Name May Have Trademark Issues
By Ed Oswald | Published July 25, 2005, 4:23 PM
The Seattle Times reported over the weekend that Microsoft might need to jump through some legal hurdles in order to keep the new name for its next generation operating system. The paper uncovered Saturday that a fellow Redmond-based company, Vista, Inc., owns the trademark to the name "Vista."
Vista specializes in e-business infrastructure applications for the small-to-medium enterprise market, and its CEO John Wall is not happy with Microsoft. Wall told the paper that his company is currently investigating whether or not the name violates trademark laws.
"We're going to consider our options and talk to them," Wall told the paper. Vista plans to at least raise the issue with Microsoft, and Wall said he could take the software maker to court if need be.
Microsoft chose the name to highlight the new features within the operating system. "At the end of the day, what you're after is a way to break through all the clutter to focus on what you want to focus on, what you need to do," a Microsoft spokesman told BetaNews.
"What you're trying to get to is your own personal Vista -- whether that is trying to organize photos, or trying to find a file or trying to connect and collaborate with a number of people electronically."
Microsoft says that it has received no trademark disputes over the Vista name as of this weekend. A spokesperson for the company explained that Microsoft had acknowledged several companies already use the term "vista" in some way, thus it applied for a trademark on the term "Windows Vista."
However, Wall argued to the Seattle Times that Vista has had to defend its trademark more than once, and Microsoft's decision just adds fuel to the fire. "It's further confusion to a confusing mark," he said.
The USPTO lumps all computer-related marks into the same "class" of goods & services, in this case class 42. It's often okay to reuse a mark like Vista in unrelated classes, say, for Vista jeans, Vista motors, or Vista cola.
But both MSFT and Vista Inc fall into the same class. Since MSFT's use of the Vista mark would dilute Vista Inc's mark in the same business, I think Vista wins the case.
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|I know i'll start a company and name it "The" and then another one and call it "A" and all the other common words and when ever anyone ever uses it i'll sue them for illegally using my company name! heh sounds good! True capitalism at work! Sue sue and when your done sue them again!
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|Anyone remember Windows forcing the maker of Windows Commander to change its name because they said that we were too stupid to tell the difference that it wasn't a Microsoft product?
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|Vista has no chance in winning this one.
It is just like AMD and Loreal.
AMD has a dual-core CPU with the name X2.
L'Oreal has that X2 skin-whitening cream.
And last time I heard, they are not going to sue each other.
Unless Vista has an operating system of course.
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|Ok, so considering what people are saying, and looking at the situation...
Microsoft > Software company.
Microsoft > e-business infrastructure applications
Vista Inc > e-business infrastructure applications
Microsoft > OS: "Windows Vista"
It's logical that if I wanted, I could do this:
1) Start up a company known as "Acrobat Inc"
2) Make a program called "Acrobat Reader" that reads hundreds of different file formats, and converts them into a standardized format for viewing on any computer.
It's not a PDF viewer....it's a file-format conversion application, that can't even view anything - totally unrelated, anyone with an IQ above their age couldn't confuse "Acrobat Reader" with "Acrobat Reader".
Sounds good!
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|Of all the stupid things... PhoenixPath is right this is pure FUD.
No one with an IQ above their age could confuse Vista Inc. with an Operating System from Microsoft, this is purely a waste of effort.
For crying out loud people ... it's a name, maybe I should sue people named Aaron who don't behave like the Biblical Aaron (brother of Moses) on account of slander against the first, lol.
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|Vista Windows...http://www.vistawindows.com.au/
Not an OS either but it is using MS's trademark albeit in reverse.....another 'Mike Rowe' scenario in the making?
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|Been around longer than Microsoft's. Not an issue.
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|Just like the word "windows," the word vista was around long before any corporation trademarked it, and has a common meaning not tethered to any amerikan corporation. As such cannot be used exclusively. Vista is a dumb name for a OS, much like Panther or Tiger, but angry-boy Tiger Woods and Nike didn't sue Apple for infringement.
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|but tiger did, tiger the company that is - they used to make toys and such then they moved on and currently run tiger direct (computer parts website)
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|OMG...
Okay, is there another OS out there with the name 'Vista'? No? Ten no infingement. No-one is going to confuse Windows Vista with Vista Inc. Hell, if it does anything, it'll give their name recognition in theminds of sheep consumers and they might actually get more business.
This is just another publicity stunt.
It ain't news, beta or otherwise.
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|...they didn't research the name? Awesome marketing dept there.
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|Sure they did, and they saw no reason not to use it.
There are no other products on the market that share the same attributes and use the same name.
There is no chance anyone is going to confuse Windows Vista with Vista, Inc. As with the MacOSX Tiger / Tiger Inc issue, it will not amount to anything.
FUD.
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|I think I am going to start a online webstore devoted to selling artwork, and call it the "Adobe ArtStore". Noone will think it's related, even after I use lots of red, and have a funny 3-prong flower symbol as a logo on my site.
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|apple made the same mistake with tiger
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|heh what about WebCT Vista :P
www.webct.com
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|What about it? Is it an OS? No? Then who cares? It's only infringement if it can easily be confused with another product of the same name.
That's obviously not going to happen in this case.
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|Vista Inc. develops software. If some of that software made it onto a Windows Vista machine, the client is likely to assume it part of Windows Vista (given that the majority of people know nothing about PCs).
I think the line is too close: two software companies using the same name seems like one is infringing on the other to me. :P
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|What's the big deal? Microspud will either buy them off or buy them out
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|Or prove their legal right to use it and not have to spend a dime...
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|Except last time I checked, lawyers cost money.
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|not the ones microsoft uses, they arent usually the cream of the crop
thus windows media player and other normally pre packaged software is not included in versions of windows xp sold outside of the usa by default
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|Microsoft lawyers are probably some of the very best, when your boss is the richest man on Earth you can get lawyers no one has ever seen before!
And that is a special version of Windows that you can buy, but by no means is a default. Just the same as over here.
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|Are NT, 95, ME, 2000, XP trademarks by themseleves? NO! ... Nor is Vista. its "WINDOWS Vista". Vista Inc have no hope on this one
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|Why not Windows 2006 make it simple. Like the days of Windows 95 98 & 2000, none of this stupid Me XP Vista bull.
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|Remember when Microsoft made all the web sites that has to do with computing change the "NT" name?
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