Trademark Arrogance

Computerworld - Microsoft's announcement that its next version of Windows (you know, the one code-named Longhorn) will be called "Windows Vista" left a lot of people scratching their heads. Why call it Vista when there are already something on the order of 180 computer-related products with
that name? Just because those products aren't operating systems doesn't mean there won't be a lot of confusion and a lot of little guys who will have to suck it up because they don't have the money to even think about standing up to Microsoft in a trademark infringement case.
As Microsoft lumbered unapologetically into that Vista valley last week, I couldn't help but think about the case last year when the software giant decided to squash a 17-year-old Canadian named Mike Rowe. This kid dared to set up a Web site called mikerowesoft.com (clever, huh?), and Microsoft went ballistic.
First, it demanded that Rowe transfer the domain name to Microsoft, with no compensation other than 10 bucks to cover the domain registration fee. When that didn't work, Microsoft sent Rowe a 25-page nastygram accusing him of copyright infringement and threatening legal action. Eventually Microsoft wrestled the domain name away from Rowe in exchange for an Xbox, the cost of switching to a new site, some certification training and a flight to Redmond so he and his family could attend Tech Fest.
There are any number of other examples of Microsoft's intolerance when it comes to protecting its trademarks. If the Mike Rowe case is the most entertaining, the runner-up is probably the case of Microsoft forcing Linux vendor Lindows Inc. to change its name to Linspire Inc. What's up with that? Since when is a rhyme a trademark infringement?
Then there was another case last year in which Microsoft went after a software company called Savvysoft. At issue was a Savvysoft product called TurboExcel, which vastly improves Excel's performance and happens to enable users to run Excel spreadsheets on Linux. That apparently annoyed Microsoft to the point where it finally got around to filing a trademark application for Excel, 19 years after it had introduced the product. With that ammo, it was able to attack Savvysoft.
Beyond this intolerance is a reality-be-damned protectionism that borders on fanatical, if not maniacal. There's actually a page on Microsoft's Web site that instructs journalists to use those ridiculous ® and ™ symbols on the "first or most prominent mention" of every Microsoft name that's trademarked. What that means is Microsoft expects us to do something like th