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Microsoft sued over Windows Vista name

By DanLM ·

As in other jurisdictions, French trademark law recognises rights to the use of trademark only in certain categories of activity, allowing, say, a baker of baguettes, an onion-selling cyclist and a maker of berets to use the same trademark in their respective domains.

Gildas has indeed registered the Vista trademark in categories 35, 38 and 41, which covers the entertainment and media categories he cited. However, he did not register it in categories 9 and 42, covering software and the design and development of computers and software, the areas relevant to Microsoft's operating system. Given that the trademarks registered by Gildas and Microsoft are in different categories, it may be difficult for him to argue his case.

Chuckle, don't you love it. Microsoft threatens legal action over how many patent infringements and they get caught with their fingers in the cookie jar over the name itself of their operating system.

The argument can be made by Microsoft, which I am sure they will do. How are they to know every copyrighted name in the world? Yea, well... What goes around comes around. How does the open source community know every copyright idea that Microsoft has?

I can't wait to see this one. If Microsoft loses this case, and they have not been winning a lot in court lately. This could be a huge payout by them. Name recognition is a huge thing, especially in the entertainment community.


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