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NewsIs Microsoft Planning to Use "Kumo" Brand for More than Just Search?

Posted 12/18/08 at 01:57:12 PM by Pulkit Chandna

Speculation has been rife about the possible use Microsoft might make of the “Kumo” name. The general consensus amongst the speculators has been that Kumo would be the new name of Microsoft’s Live Search service. But a new trademark application filed by Microsoft hints that the new name might be used for a few other MS services as well.

The Kumo trademark is intended for use in sundry segments, including advertising, telecommunications, education, training and entertainment, and not just for online search. Microsoft has also registered quite a few domains with the name Kumo in them. Maybe Microsoft believes that a brand new name might just turn the tide in its favor as far as the high-stakes online search market goes.

Comments: 3
TAGS: trademark, online search, domain, Kumo, brand, name

NewsGood Luck to the Russian Businessman Trying to Cash in on the Emoticon

Posted 12/12/08 at 04:15:03 PM by Andy Salisbury

Straight out of the “really?” file, it looks like a Russian businessman that goes by the name of Oleg Teterin is claiming that he owns the trademark for the ;-) emoticon.

Mr. Teterin is looking to go after corporations that are using the emoticon for profit - or any others that resemble it, including :-), ;) or :). “Legal use will be possible after buying an annual license from us,” stated Mr. Teterin. “It won't cost that much - tens of thousands of dollars.”

Many critics doubt the legality of the trademark because the emoticon has been in the public domain for so many years. One opponent of the claimed trademark is the president of the Russian social networking site odnoklassniki.ru, Nikita Sherman. She’s been quoted as saying “You're not likely to find any retards in Russia who'll pay … for the use of emoticons.”

And it doesn’t help that Mr. Teterin isn’t the first Russian to lay claim to the emoticon. Sadly, he might end up :’(, instead of :-D.

Comments: 8
TAGS: trademark, emoticon, Russian, Oleg Teterin, Commons

News"Monster vs Monster" Pits Goliath Cable Maker Against David-Sized Mini Golf Company

Posted 12/05/08 at 03:54:28 PM by Mark Edward Soper

Let's play word association: I say "Monster" - what would you say? You might say ".com" (popular job hunting site), or "Green" (Fenway Park's famous left-field wall), or "Frankenstein" (doctor? monster? both!), or you might even say "Cable" as in Monster Cable. However, as far as Monster Cable is concerned, the only "Monster" they seem to believe in is their own trademark.

As TechDirt reported this week, Monster Cable's busy suing almost every company with "Monster" in the name for alleged trademark infringement. Monster Cable's latest target is a Rhode Island-based miniature golf company called Monster Mini Golf. The company is already looking at a cool $100G in legal fees because of the litigation with Monster Cable. To learn how the mini-golfers are fighting back, join us after the jump.

Comments: 41
TAGS: lawsuit, EBay, trademark, Monster Cable, Monster Mini Golf, litigation

NewsIs 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.

Comments: 8
TAGS: windows, microsoft, Software, legal, ads, trademark, advertising, court

NewsDell’s Trademark Application on ‘Cloud Computing’ Goes Poof

Posted 08/19/08 at 07:37:27 AM by Chris Moody

As we covered previously, Dell was trying to trademark the term ‘cloud computer’ and had filed the necessary paperwork with the U.S. Patent and Trademark Office. The application had reached the Notice of Allowance phase where they receive a written notification that a mark has survived the opposition period and that other parties have had a chance to object to the application.

In a ruling posted on the trademark office’s web site on Aug. 12th, they rejected Dell’s application to trademark the term cloud computing, backing away from a final official recognition of Dell’s application.

The trademark office’s findings said, "In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified services and, therefore, incapable of functioning as a source-identifier for applicant’s services”. This leaves everyone in the IT field saying, “Well, duh!”

Comments: 0
TAGS: dell, law, trademark, cloud computing

NewsDell Trying to Trademark 'Cloud Computing'

Posted 08/05/08 at 07:36:19 AM by Chris Moody

PC World reports that Dell is trying to trademark the term ‘cloud computing’, which is usually used to describe a type of computing where IT-related capabilities are provided as a service. Basically an application runs somewhere on the ‘cloud’ and you use it as a service. Skype, or peer-to-peer services should come to mind. SETI or Folding@ Home are other examples.

Dell’s application has made it to the Notice of Allowance phase where they receive a written notification that a mark has survived the opposition period and that other parties have had a chance to object to the application. This is just another step along the way to getting the trademark. Dell doesn’t quite have it yet.

I am truly surprised that the big corporations that have been working with cloud computing models haven’t said anything to Dell’s application. Red Hat, Microsoft, Google, and many other players have had interests in cloud computing.

Perhaps we will someday have to come up with a new name for cloud computing, or have to mention Dell and Cloud Computing™ together.