Microsoft Sued Over the Name “Bing”

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Ed-2

Bada Bing (aka "The Bing") was first.

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MeTo

Microsoft should have used Google to do a patent search.

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Jono

good. its a stupid name anyways. I mean it's bad enough we have to "google" something, why would I want to "bing" it.

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fullur

Every company on the planet "makes heavy use of the Internet and search engine advertising." This is nothing more than another company filing a frivilous lawsuit to get some publicity and possibly get some cash out of the giant. Of course, if the World Wildlife Foundation can force the World Wrestling Federation to change their name because of infringing on the abbreviation WWF, chances are that these losers will win too.

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sirphunkee

"torturous interference with business expectancy" is referring to the fact that now microsoft has iconocized the term "bing", other companies, even ones in different industries, with the same name will unfair obstacles to ever being able to get full fair use of the trademark they already own. A company that doesn't take action like this in this type of situation is often signing their own death warrant. Large entities such as microsoft can't just usurp trademarks, rendering them innefective to those who registered them long before.

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nekollx

 How isMs usurping anything when their in complety different industries?

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sirphunkee

Because Microsoft is iconocizing the term, not just using it. In other words, their use of it is so prolific and pervasive as to devalue its use in any other business or industry. This is a commonly-used position in the legal world.

The smaller company's lawyers will likely propose in their filing that Microsoft's use of the TM will cost them $X in lost potential revenue, based on business projections, etc. M$ will counter that it could only cost them $(1/3)X in lost business, then they'll counter and counter-counter until they can agree on a number.

While that does sound like just a way to grab cash from a fat cow, the truth is that the company's concerns about lost earning potential as a result of all this aren't entirely without warrant.

And on top of that, it's not unlikely that M$ was already aware of the TM being in use by this company and decided to go ahead and start using it anyway, in the knowledge that 1) they might never get sued in the first place, and 2) even if they do, a settlement of the (relatively small) scale of this one would still be worth it, to be able to use a term they firmly believe is crucial to the success of the product.

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schwit

Only when I see Megan Fox.

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MRrelabled

well it might effect it's ranking

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foamcup

I never heard of this company until just now, so they must be after the publicity.

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