Is Microsoft's New Windows Campaign Violating Trademarks?
Posted 10/06/08 at 02:45:36 PM by Paul Lilly
Startup company G.ho.st is crying foul over Microsoft's new ad campaign, but not because the commercials suck. Instead, the company claims Microsoft's ads violate the startup's trademark, specifically the phrases "life without walls," "imagine without walls," and "imagine no walls." G.ho.st. CEO Zvi Schreiber has sent a letter to Steve Ballmer requesting that the phrases in question be removed from Microsoft's product lineup, website, marketing materials, and anywhere else the software giant might be using them.
Michael Marinello, a Microsoft spokesman, did acknowledge that Microsoft had received the letter, but said in an email "the allegation is without merit." Not so says Schreiber, who claims that G.ho.st has been using the phrase "no walls" in conjunction with its G.ho.st Virtual Computer software, which Schreiber describes as an alternative to Windows.
Going for the gusto, Schreiber not only wants Microsoft to stop using the above mentioned phrases, but wants Microsoft to amend existing ads clarifying that it has not licensed G.ho.st's technology or trademark, as well as mentioning that they do not use the same "features or benefits of the G.ho.st Virtual Computer." All this on top of wanting Steve Ballmer and Co. to negotiate a "good faith" license for past use.
Ready for the kicker? Not only does G.ho.st not yet officially own the allegedly trademarked phrases, but according to PC World, the company filed an application for the trademarks on the same day it sent Microsoft the ceast and desist letter.

Image Credit: G.ho.st
This is just a description
Submitted by Keith E. Whisman on Tue, 10/07/2008 - 12:05pm
This is just a description that they are raising hell about. Look at all the companies that added XP to their product names after MS released WinXP and AMD has the Phenom and it didn't take long for Gillette to change the name of their 5bladed fusion razor to the Phenom Razor. LOL... I think AMD couldn't stop laughing long enough to start a law suit. Besides AMD added XP to it's Athlon procs after WinXP came out and MS didn't sue over that. Anyhow you don't have to sue over names and descriptions. If you build a Linux distro and sell it and claim that it's Windows Vista Linux edition then you have a trademark battle at hand. One because MS's trademark is used in the products name and you are competing with MS. You are selling a product for profit as well witch makes it worse.
So I will say it again that this whole thing is retarded and if it makes it to court I hope the judge makes this guy pay MS and the courts damages for wasting the courts and MS's time and money.
umm
Submitted by hogkill on Tue, 10/07/2008 - 9:27am
Couldn't that just mean they've been using the phrase all this time and decided to get the patent on it as soon as they found out that microsoft was ripping them off?
Everyone seems to be assuming that they saw Microsoft's add and then applied for the patent in an effort to create controversy.
You guys are too easily swayed by writing styles.
I think the real issue here though is the phrase itself. I imagine Microsoft is scaring away the kenophobic market base.
Ugh Kenowhatobic? hogkill is
Submitted by Keith E. Whisman on Tue, 10/07/2008 - 11:56am
Ugh Kenowhatobic? hogkill is another dude I won't be playing scrabble with..
If it wasn't trademarked, how can it be a trademark violation???
Submitted by bcweir on Mon, 10/06/2008 - 6:56pm
no text
G.ho.st should just g.ho.a.way!
Submitted by BrookV on Mon, 10/06/2008 - 2:59pm
Zvi Schreiber is a dork. Did he REALLY think he'd get away with this??
Hahaha ...dork
I have to defend MS this
Submitted by Keith E. Whisman on Mon, 10/06/2008 - 2:58pm
I have to defend MS this time yet again. It's a description Asshole. WTF. You can't own a description dumbass. Come on. If I say that cat is red you can't force me to quit telling people that a cat is red. Same Difference here.
This is just a dumb dumb dumb ass. And Ballmer is right when he says that the complaint is without merit. They don't mention any other companies product names or use anyone elses trademarks in these ads. Admittedly the ads suck ass but come on.
This is just stupid and dumbass. Like MS getting a pattent on the Page Up and Page Down keys on our Keyboards. Just stupid.
Glad to see someone being
Submitted by jwalch.hawk on Tue, 10/07/2008 - 10:48am
Glad to see someone being reasonable... This isn't about branding yourself as "pro-MS" or "anti-MS"... It's about being able to discern blatent stupidity. Just like you said, MS trying to patent PgUp and PgDown was stupid. This is equally (if not even more) stupid.
For once someone is
Submitted by KOMMANDER on Mon, 10/06/2008 - 1:40pm
For once someone is tring to bamboozel Microsoft. G.ho.st is in the wrong as to how they went about it so I doubt they will win. I mean come on filing to make the phrases your trademark and sending Microsoft a letter on the same day and that after the ads are running. As much as I think MS deservers a good kick in the butt for some of the crap they have pulled wrong is wrong and it doesn't matter who's doing it. KOMMANDER
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