TELECOM Digest OnLine - Sorted: Microsoft Could Face Trademark Challenge Over 'Vista' Name

Microsoft Could Face Trademark Challenge Over 'Vista' Name

Elizabeth Montalbano (
Mon, 25 Jul 2005 19:13:22 -0500

by Elizabeth Montalbano, IDG News Service

SAN FRANCISCO--The founder of a Redmond, Washington-based custom
application and services provider is considering taking action to
challenge Microsoft over the naming of the next version of the Windows
operating system.

John Wall, chief executive officer of Vista, says his company is
"considering all of its options" for a potential case against
Microsoft because of the company's choice of the name "Windows Vista"
for the version previously code-named Longhorn.

Wall says the naming of Windows may violate a trademark his company
has, and potentially create confusion over the software and services
Vista provides. Vista is headquartered just down the road from
Microsoft and provides small businesses with online information
systems, including custom applications, as well as with consulting

"If people call it Windows Vista, that's not a problem," he says. "If
people call it 'Vista,' that confuses it with our business and what we

What's the Effect?

Wall says Vista will be analyzing traffic to its Web site to see what
effect the "Windows Vista" name may have on visitors to the site. If
the effect is significant -- that is, if a surge of visitors comes to looking for information about Windows Vista -- the company
may decide to take legal actions over the trademark.

One of the key tests for whether a new trademark can be challenged is
if it creates confusion over another company's products and services,
says Bill Lozito, president of Strategic Name Development, a brand
naming consultancy in Minneapolis.

Vista potentially has a good case against Microsoft because its
software and services are similar to what the software giant offers,
he says. Because Microsoft is a larger, more recognizable company, the
name confusion might drive some of Vista's potential customers to

"The ramifications are [customers] no longer associate you as this
independent company and think you're a part of Microsoft," Lozito
says. "If they need the service you're providing, they'll call
Microsoft instead of you. You're going to get drowned out."

The issue for Vista is particularly prickly because the company deals
mainly in the small business market, a segment where Microsoft also
figures prominently, he adds.

Other Vista Firms Out There

Wall's company is not the only one that might have a case against
Microsoft in the naming of the next version of Windows. At least two
other software companies, both named Vista Software, might have a good
argument against Microsoft's using the Vista moniker, Lozito says.

"Anyone using that name that's doing business in this category runs
the risk of being overshadowed by Microsoft Windows Vista," he says.

However, the presidents of the two companies called Vista Software,
both of which provide add-on technology for Microsoft products,
separately said their companies likely will benefit from Microsoft's
choice of name for the next version of Windows because of their
current affiliation with the Redmond, Washington-based company. The
two companies are Vista Software of Tucson, Arizona, and Lorant's
Vista Software in La Jolla, California.

A Microsoft product manager says his team came up with the name
because it reflects the three main design principles of the next
version of Windows, which is expected to be available in the last
calendar quarter of 2006.

Greg Sullivan, group product manager with Microsoft's Windows client
group, says Microsoft has focused on making the next version of
Windows provide users with a higher level of confidence in the system;
give them a clearer view of their information and files; and help them
be more connected to other systems and other modes of communication.
"When we take those all together, when I really think about my view
into this world, my personal view of all this digital content, this is
how we arrived at the name 'Vista,'" he says.

Microsoft plans to make the first beta of Windows Vista available
August 3.

The Vista case is not the first time Microsoft has decided on a
product name that conflicted with an existing trademark. In 1998,
Microsoft paid Internet service provider Synet $5 million for the
rights to the name "Internet Explorer" because the company had had
that name trademarked since 1995.

Copyright 2005 PC World Communications, Inc.

NOTE: For more telecom/internet/networking/computer news from the
daily media, check out our feature 'Telecom Digest Extra' each day at . Hundreds of new
articles daily.

*** FAIR USE NOTICE. This message contains copyrighted material the
use of which has not been specifically authorized by the copyright
owner. This Internet discussion group is making it available without
profit to group members who have expressed a prior interest in
receiving the included information in their efforts to advance the
understanding of literary, educational, political, and economic
issues, for non-profit research and educational purposes only. I
believe that this constitutes a 'fair use' of the copyrighted material
as provided for in section 107 of the U.S. Copyright Law. If you wish
to use this copyrighted material for purposes of your own that go
beyond 'fair use,' you must obtain permission from the copyright
owner, in this instance, PC World Communications, Inc.

For more information go to:

Post Followup Article Use your browser's quoting feature to quote article into reply
Go to Next message: News Wire: "Yahoo Buys Information 'Widget' Company Pixoria"
Go to Previous message: Jeremy Pelofsky: "US Telecom Overhaul Chances This Year Seen Slim"
TELECOM Digest: Home Page