MikeRoweSoft

Doh_boy

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Driwen said:
the thing is though that Rowes for fun or for practical gain added soft behind his domain so it sounded like microsoft. People most likely wont mistake his domain with microsoft, but Rowe did this most likely knowing that MS might contact him later on.
Also Rowes company isnt gone, because he has lost his domain. He could ask MS to let him keep the domain name for 3 months so he can then register a new one and redirect to that one and slowly make the transition.

But yes 10 bucks is a rather pathetic amount and I would take such an offer as an insult as well. Giving the option to let him use it for some time to make the transition without offering any money might have been accepted more kindly even (or slightly more money might have done the trick).
Consider the difference in the two and the fact that there are similar site around the net AND the fact he was (and still is) shocked and surprised that it has happened; gives me the impression that he didn't expect to be 'contacted'. Also since the previous examples of 'cyber-squatting' has caused the whole process to lean in large companies (or at least trademark holders') favour. Nobody would try anymore because that bubble burst a long time ago.
 

Driwen

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Scouse said:
It's not a question of MS allowing anything. They've got NO LEGAL BASIS WHATSOEVER to do what they've been doing.

if the domain name was the name of an actual business then they would have a legal basis. Now if they wouldnt take action or protest against this domain name that might hurt their case when mikerowsoft becomes an actual business (really wouldnt know as I have no knowledge about how trademark law(s?) work).

Now I would actually be rather pissed, if someone used a phonetical similar name as my company's name for their domain name to gain some extra hits (which is what Mike Rowe did) and would certainly try to remove the domain name. There isnt much bullying going on btw as MS is most likely not going to bring this to court as they are trying to settle it with Rowe.

Doh Boy saying you are surprised and shocked is different from it actually being. However I doubt anyone would expect a billion dollar company to react to a small time companys domain name, but that doesnt stop you from knowing that it might happen.
 

Doh_boy

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Driwen said:
Doh Boy saying you are surprised and shocked is different from it actually being. However I doubt anyone would expect a billion dollar company to react to a small time companys domain name, but that doesnt stop you from knowing that it might happen.
I was arguing against your 'He named it knowing he would be contacted' statement. I said
the fact he was (and still is) shocked and surprised that it has happened; gives me the impression that he didn't expect to be 'contacted'
Meaning that the kid was not expecting the reaction.

IF Mike Rowe made a software company there would be a solid legal basis for him to call it MikeRoweSoft. There's a company called Macrosoft inc (google it) which I assume has trademarked that name. Also as was said previously the law regarding phonetics hasn't been made. Most evidence would lead to the presumption that large companies have nothing to fear from people imitating their name. It would be the small, new, companies who rely on 'word of mouth' recommendations. I would cite plumbers and such-like as people who would be victim to this. Also the fact that it's totally online negates any arguments on phonetics. (previous post).
 

Scouse

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Driwen said:
if the domain name was the name of an actual business then they would have a legal basis


No. They wouldn't.
 

Jonty

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Hi guys

Forgive me if this has been posted elsewhere in this thread, but:


ZDNet said:
Microsoft has acknowledged that it may have taken things too far and has promised to treat Rowe fairly. A representative of the software company told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case."

Kind Regards
 

Will

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But no apology. They just want the bad press to go away, so they've issued a statement which looks like an apology, but, in a strictly legal sense, doesn't change anything.
 

Talyn

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http://news.bbc.co.uk/1/hi/technology/3429485.stm

Boy swaps MikeRoweSoft for Xbox


Mike Rowe: The 'ordinary teenager' battled with the 'big guys'.
A Canadian teenager whose website annoyed Bill Gates' lawyers is giving it up in exchange for Microsoft goodies, including an Xbox console.
Mike Rowe, 17, thought it would be fun to add "soft" to the end of his name to set up the site, mikerowesoft.com.

The computer giant thought it was too close to its name, and offered him $10 to take it down which Mr Rowe refused.

The new deal includes Microsoft paying for a new site, expenses and a subscription to its developer forum.

"All along I just wanted to prove a point that the small guy can win against the giant corporations," Mr Rowe said on his website last week.

I have been very busy with school, exams, the media, new website and
settling with Microsoft

Mike Rowe
He had originally demanded Microsoft pay him $10,000 to take down the site, which he set up as a forum for designers and programmers.

The out-of court settlement was reached amicably on Friday.

"We believe he's a bright young man with great potential," said Jim Desler, Microsoft spokesman.

"Mike will soon decide on his new name and website and we have agreed to help redirect any traffic to his new website to ensure he does not lose any business."

As a sign of goodwill, Microsoft said it would also give the teenager training for certification on its products, and he and his parents have been invited to the technology giants' headquarters in Redmond, Washington.

Mr Rowe was not able to comment on the settlement. His father said he was too busy with his exams.

But on Sunday he wrote on his website, "Sorry there hasn't been a lot of news posted by me lately, I have been very busy with school, exams, the media, new website and settling with Microsoft."
 

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