OSNews

So let's get this straight. The company Vista has nothing to do with Microsoft and whose product is not an operating system.

It's like Kraft suing a home builder for calling his house style "Ranch" when Kraft has a "Ranch" salad dressing. Yes the dressing will eventually reside within the house, but I don't think you're going to get too many confused people chipping away at their homes to put on their salad!

In other words, we would like some more money so let's confuse a non-issue to get some.

Pathetic

Anything for a quick buck...

So Linspire didn't have to change their branch name from Lindows into Linspire after all?

Lindows was an operating system. Windows is an operating system. Therefore, that is an issue.

Ah, but Lindows and Windows aren't the same word either .
Let's drop back one level of abstraction. Both Vista's are software products.

Thought so.

Since regular English language words and phrases can be totally secured for commerical purposes by our own system of trademarking, this is a logical result. 'Windows' is just another example. M$ is just looking to distance themselves from a swiss-cheese like past with regards to security and related and to become more attractive to those who have thought of OS X and Linux as a viable replacement.

Firebird was a database and it was considered a faux pas to have a Firebird browser. There is also the Vista open source software for managing healthcare.

I think Microsoft is wrong to take this name and I also think people that say this is only about money to reconsider..

Thanks,
GerardM

If M$ can sue Mike Row Soft Inc. for it's name, then Vista has a damn good case, if you ask me.

Besides, the name 'Vista' sux a-hole anyhow. I mean really - Vista - could you get any less creative, M$?

Vista is also using the "offense is the best defense" addage. MS is rigorously defends its trademarks and if Vista doesn't defend their name now, they may loose it to MS in the future.

There's a company I believe in Austrailia that is called Vista Windows ( http://www.vistawindows.com.au/ ) and then there's the Vista Window Company ( http://www.vistawindowco.com/ ) in Ohio, no they do not make software, but actual windows...if anyone has a right to sue it would be these companies!

All I can say, regardless of the actual legaleze of it all is that Microsoft has played this game with little tiny outfits...so it's somewhat gratifying to see a smaller outfit play the Microsoft game back in their face.

I think it's great that the marketing department has already gone wild on the Vista name and now might have to start over!

Call me a conservative old kooge, but what's wrong with calling it Windows NT 6.0? Or Mac OS X 4 instead of "Tiger". This way one can look at software product family and immediately know something of the lineage. All of this codenaming stuff is fine for behind closed doors, but doesn't it seem just a bit gimmicky when it's splashed all over the main website?

Ok, I suppose I can live with codenames if "uname" or equivalent reports the codename - otherwise please don't confuse me with more than one way to refer to a software product...

This is kinda the price you pay for using a common word as a name. Longhorn was a better name.

Oh yeah, let's not forget some guy has claimed Stealth as his trademark, and harrasses various companies about it. He even got some companies to pay up for it.
http://www.hypocritae.com/?ART=170

Seeing as how the name Vista was REALLY REALLY lame to beginwith, maybe microsoft can just use longhorn seeing as how everyone knows it as that to begin with.


seriously, vista sounds sooo stupid

what is going to happen. Microsoft will buy out Vista, and that will be that. They are not going to throw away a Billion dollar advertizing campaign they have allready planned for a few million dollars Vista might be worth.

As for Lindows, it was never decided in courts. Microsoft was loosing and decided to pay Lindows up to rename their product... Lindows took it since they needed money and Robertson wanted a return on his investment.

Oh boy, the Microsoft fan boys are out in force as well! I'm starting to wonder if anyone other than Sun and Microsoft fanboys are actually reading osnews.com anymore. But anyways, I'll digress.

It's funny, all you whinging bastards, saying "Oh poor Microsoft etc.". Where the bloody hell where you when Microsoft was doing exactly the same thing to other companies? mmm? Was it OK for Microsoft to do it, but not have it done to them? mmm? Two faced, idiotic hypocrites. Microsoft deserves what it gets, you play with the fire long enough and you'll get burnt. I hope Microsoft gets burnt real bad, real soon.

If the US ever got a real government, and a real legal system, Microsoft would be in trouble, but as it stands now, Microsoft just bribes anyone of importance to do its bidding. Pretty sad. Sure, you can mod me down, but that doesn't change the truth of the matter, and you all know that, you goody two shoes, Microsoft loving, "I'm so patriotic, I'm blind" hypocrites.

Dave

If Lindows / Windows is an issue, then Vista / Windows Vista should be an issue too. Period.

Wall told the Seattle Times: "We're going to consider our options and talk to them." Wall owns vista.com along with the name.

"Considering" ... "talking to them" ... give this guy his payoff already so everybody can move on. Some people have no shame if they see the chance to make a quick buck.

At the very least, any company with the name "Vista" in their product line will get bumped off the top 10 (20-30?) from Google, that could be devestating to some companies who only have a web presence.

That's all there is to it. If Windows Vista "hides" the other vista, then the trademark owners have been financially damaged and could sue...

The article headline is pretty sensationalist. How you get "Microsoft faces court over Vista" from "We're going to consider our options and talk to them." is beyond me. I know that the headline was just ripped from the register, but still, OSNews should know better.

they are both patents under software.. im sure theres some loop hole microsoft has found

i would think that the name windows vista will more than triple the interest in vista software.

its a huge marketing wonderful thing for them

I'm kinda torn on the issue.

Yes, Vista is a software company, and so is Microsoft.

However, it's a product called WindowsVista, not a a software company called Vista.

Also, Vista works very well as a name for a Windows release. Windows is a vista into your computing world for digital photography, music, the internet, etc... Of course, none of you choose to see at as the way it was probably intended.

What an idiot. Have you not read the comments from the linux and Mac fanbois or are you selective in your reading.

Anyway. What companies did Microsoft do it to. Lindows? Hmmm. An OS company that runs Windows software. You wouldn't see MS having a problem with that name would you.
Mike Roe Soft? You can't see the similarity can you? Mike Roe could have kept that name but he accepted Microsofts money to give them the name.

Vista is looking for one of these bribes. That's all. So would I. It's worth a try and I would do it too if I had a name remotely similar. If Vista does the same business then Microsoft then of course they should win. If they don't then they should keep trying in the law. They could get rich. It seems like a lottery over there.

When did this become slashdot? One of the whole reasons I come here is to not have to wade through the endless horde of pointless crap like links to "The Register"

Quote: "What an idiot. Have you not read the comments from the linux and Mac fanbois or are you selective in your reading. "

No, maybe you are an idiot. Firstly, Windows is a common word. A common English word. It should not be trademarkable - period.

Secondly, Lindows and Windows are two different words, two different things. Microsoft did not win the case in the US, far from it. Lindows did what most companies do - they have $4 million for legal expenses, Microsoft has 40 Billion. Who do you think will go bust first? It isn't about who's legally right, it's about who'll survive the legal system long enough to win by default of having money still left in the bank. The few countries that the US won a decision on the matter in (Denmark and Holland if memory serves me correct) were blind idiots. If memory serves me correct, Microsoft tried the same deal in Spain and had the case thrown out of court in no polite manner. I think that says a lot.

Microsoft has a very long history of screwing other companies over. Screwing it's users over. As I said in my previous post, but I'll reiterate it her for yourself, if the US government and legal system wasn't all fucked up, Microsoft would have been punished a long time ago and would have learnt not to be a predatory beast. Sadly, it appears that your system of "justice" can't really do anything right. I mean 3 years, and SCO still hasn't produced a *single* piece of code, and the case is still allowed to go on? Please. That's idiocy. In fact, idiocy is too nice a comment. It's much worse than idiocy.

Mike Roe Soft also rolled over due to lack of legal funds. This is the problem of HUGE companies versus tiny companies or individuals, and it's a fundamental reason why software patents are bad. If we actually got rid of software patents, copyrights and trademarks the world would be a lot better place.

Oh and get an account you lazy sod.

Dave

If you check on Vista, you'll find:

"Vista, which operates a small business internet interchange, is actually based in Microsoft's home town of Redmond. It was started in May 2000 by John Wall, the founder of Wall Data and an erstwhile investor in SCO."

Okay, how's this for paranoid: MS deliberately picks a name it KNOWS will conflict with an existing product. Big fuss - court case threatened - MS pays big money to settle out of court for use of name. Sounds okay... so far. Turns out conflicting product is backed by an investor in SCO who turns around and "reinvests" the settlement money in SCO. SCO is now flush for another couple years of litigation instead of going bankrupt like they were about to.

In my opinion the concerns of the Vista company aren't very valid, but your analogy is very inacurate and doesn't put things into the proper perspective.

Microsoft makes software, and even operating systems are software so that includes Windows too. Vista makes software but not operating systems, their concerns are not unfounded, but are also not serious enough to merit a court case. Microsoft and Windows are well known names, but this is the first time I've heard of a company called Vista, I think if there's going to be any confusion it'll be limited to people who don't even know how to use a computer.

I Totally agree with Vista position. Who knows if this knew operating system be MS will be other ME. Vista does not need that label.