mikerowesoft.com

I almost put this up yesterday, but I honestly didn’t think it was that big a deal.  However, the blogging and news community seem to really have latched on to this story about a 17 year old being “harassed” my big, bad Microsoft.  You can read more including comments at Geek.com’s article on the subject.

At issue is the website that the kid registered and put up: http://www.mikerowesoft.com/.  The kid says he just thought it was a cool name and didn’t even consider the legal side of it.  Microsoft says it infringes on the Microsoft name, could cause confusion, and wants the kid to take it down and transfer the domain to them.  They offered $10 to reimburse him for the domain registration, but he now says he wants $10,000 for all his trouble and to make up for expenses for things like stationary and letterhead.

Now, I’m not the biggest supporter or defender of Microsoft and I think many past entries on this site will demonstrate it, but in this case I think MS is completely in the right.  Copyright/trademark/IP laws say that a name can’t be infringed upon within its own field.  The kid says his web design business isn’t the same as MS’s software business and so there’s no problem.  Unfortunately, precedent has said that in some cases, the brand is so well known that even using the name in other areas would be infringement.  For instance, Pepsi, Nike, VISA, etc.  I’d say “Microsoft” would definitely fall under that banner and I can’t see anyone disagreeing.

If the kid wasn’t in this for the money (as he claims he isn’t) and didn’t do this with at least the thought/consideration of possibly being able to sqeeze a bunch of money from MS, then I don’t think he’d suddenly be asking for $10,000.  If his motives were innocent, then I think what would be fair would be to ask for reimbursement for the domain registration as well as for whatever supplies he’s already created with the “mikerowesoft” brand on it.  Basically, just put him back at square one so he can pick a new brand for himself.

I’m obviously in the minority in this view that the kid is in the wrong, though.  I guess people just blindly hate MS so much that they can overlook other stuff on their way to trash the “Redmond Giant” when they get a chance.

Posted Tuesday January 20, 2004 in News by Chris Curtis

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Comments

I too almost posted about this a couple days ago, and didn’t, heh.

I’m with you, that his mistake was turning it into a Domain squatting case.  By asking for $10,000, he turned it from something innocent into something not.

I doubt that copyright laws will still make him lose the case, though, since his name is Mike Rowe, and the suffix “soft” is freely used by numerous companies.  Unless his site, logo, advertising, and branding is able to be proven to be “confusing to the public”, he won’t lose.

By Derek Jones on January 20, 2004 at 12:27pm link

Perhaps.  But I’d say it’s pretty clear that he’s also trading on Microsoft’s name by using “mikerowesoft”.  And if it ever went to court, I have no doubt that MS’s lawyers would be able to pull all sorts of legal things out that we’d never even think of. [grin]

You’re right, though: he definitely shot himself in the foot as soon as he asked for $10,000…

By Chris Curtis on January 20, 2004 at 01:21pm link

As a side point, I think it’s no coincidence that MS’s Canadian law firm is named “Smart & Biggar”.  I swear they must have searched graduate databases for those names, and offered two guys a token job as nameplates.

By Derek Jones on January 20, 2004 at 01:25pm link

mikeroweweb… that simple. More fitting since he’s a *web designer* and not a software company.

Stoopid money-grubbing kid :furious: 

By Jose on January 20, 2004 at 01:27pm link

> mikeroweweb… that simple. More fitting since he’s a *web designer* and not a software company.

...except then the real MicroWeb.com would just start all over again.

What he needs to do is just find a new, unique identity and trade under that one.  According to the Geek.com story he’s already moved his site to onlinemike.com… Unfortunately, if you actually visit that site it isn’t the case at all.  Some people.

By Chris Curtis on January 20, 2004 at 01:41pm link

...except then the real MicroWeb.com would just start all over again.

Yeah… I s’pose. But I wasn’t going to go research it… that’s his job wink

By Jose on January 20, 2004 at 04:04pm link

It’s all a scam! The kid is still gonna make a wad on the “defence” fund he has set up.  I wonder how long he will milk it and then decide to settle out of court.  Unfortunately, every MS basher and thier gammer is gonna slip him a buck. 

By caesar on January 20, 2004 at 04:30pm link

Im not all hatin MS.. i still think they make a fair amount of cool shit.. i think they do a fair amount of bad shit as well.. but im with curtis. its so “Cool” to REALLY hate MS instead of just hate them normally, like anyone esle, that everyones on this grubers side… stupid little bastrd. I also think he will loose against microsofts lawyers.. and he wont even get his $10.

By Greg Ferrell on January 21, 2004 at 10:50am link

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