January 19, 2004

• I hope that the title is an attempt at irony.
• jcal: you can blame microsoft for that too. Spellcheck nation. He replied asking for some financial assistance for losing the name and site. He told the lawyers how much work he put into the business and said the domain name was worth at least $10,000. Had me up until that last part. He's looking to scam. Or too scam, whichever.
  
• I've always hated too and to. The rules for them always slip away. As far as the kid goes, $10,000 seems a little much. I'd be really suprised if he could prove the site was worth that.
• I was reading that title and then in an MSN messenger box I typed "to" rather than "two" and then my friend laughed at me. I demand compensation. From Microsoft. And a pony.
• Although the kid probably is looking to scam - and I know I would if the opportunity arose, probably - I hate nothing more than corporations believing they own language - even words which sound similar to other words now, even when those words are someones actual name - it is fairly bloody absurd.
• As has been hashed at MeFi, this is a trademark issue, not copyright. A trademark can be lost if not defended, unlike copyright. If the kid had registered mikerowe.com, it would have been fine. Instead, he deliberately chose mikerowesoft.com because it sounded similar. Should be an open and shut case.
• It's his name, and no one has the trademark on the word "soft". Though the pronunciation is the same, no one would ever come across his page when searching for Microsoft, unless they had a really wicked cool entirely phonectic search engine. And no one reading the names (come on, do you think software companies advertise by literal word of mouth?) could ever mistake the two companies for each other, which is the only basis for claiming trademark. The most attention he has gotten is from this lawsuit - and now his site *is* worth a hell of a lot. Another namishy anecdote for your amusement: when it first began, the parody software company in the comic strip Help Desk was originally called "Megasoft". The creator then had to change the name, when he realised it was the name of an actual software company. He then switched to "Ubersoft," thinking no one would be stupid enough to have this name, only to find that, yes, there later was. But since he had the name first, he stuck with it, and now that company has disapeered. To my knowledge, he has never been sued by Microsoft. I think Bill Gates must like his strip.
• It could be worth $10k on blogshares. Also, I'm with Gyan. By adding "-soft" he's deliberately turned it into a Microsoft soundalike, and I doubt he can prove he did it for any other reason. I think he should be happy to get his $10 back since he's going up against the big guns. It's a good name, though. I'd probably totally go for it if my name was Mike Rowe.
• Unfortunately, jb, trademark law is rarely amenable to anything so simple as common sense. Try opening a hamburger joint if your last name is "McDonald" and see how far you get.
• MikeRoweSoft settles for an Xbox (link stolen shamelessly from metafilter)
• Jesus. What corporate spin. "Okay, we can't crush the little bastard financially... Jim, can we kill him?" "Um... probably not a good idea. If the media found out-" "Yeah, yeah, fuckin' USA Today would be on my ass like a hemmorrhoid. Alright, here's what we'll do. Give him a nice press writeup, a trip to corporate, room service, a pair of hookers and an X-Box. Then, when he least expects it... we'll DESTROY him..."
• Calm down! Businesses have been advised by their lawyers to protect their trade and service marks for a lot of years. If they lose their trademarked names when we earthlings want to use them as generic terms, they may lose the brand designation. Kleenex and Xerox are among the earliest of those I'm aware of who tried to protect their product's specific identity. The "sounds like" thing isn't something I've run across before, but it does seem to me to encroach on Microsoft's trademarked name (could cause confusion for someone who wanted to buy whatever.) Microsoft seemed pretty controlled in working with Rowe as they did. They didn't sue his ass, they bought him off. Big deal. I'm not an MS apologist, but still think this is a nit.
• Monkey like pick nit. It "grooming".
• What I find offensive path is the spin for the media. This was handled as a press release; look what we did for the nice kid! Personally, I think Bill's a good guy; maybe he'll knock out malaria in our lifetime. I'm just talkin' shit.
• does this mean I might get sued the next time I write about Mike Rowe's soft baby-like skin?
• No, but you might be arrested. Tsk tsk - He is underage, you know. (Besides - good teenage skin? Doesn't exist. I know, I'm moving towards thirty, and still suffer from it.)
• I'm just saying, what if he were to open a business named MikeRowe Soft-Shelled Crabs or MikeRowe Soft Beds and Linens?
• Actually, I think he'd be allowed to. I'm pretty sure these trademark things only matter when you are in the same bussiness. I thought I heard of a company called Apple that fixes cars or something that was allowed to be, so long as it didn't sell computers. But I can't find anything on that, so instead, here is a man with a chicken on his head...no, actually just a story about Apple suing Apple, and another on Trademarks: a primer I will stop, as this post is getting dangerously informative
• Oops - I should have added that the Trademarks post is about US law only. I am very ashamed of myself for forgetting that the US is not the world. I mean, the original post is about Canada! I will go and sit in the corner now.
• well, whattayaknow. the guy's an opportunistic little businessfuck after all. what a surprise. "Last week he settled with Microsoft, and has just put the 25 page letter he receieved from Microsoft up for auction on eBay - bidding is at $205,100 with 4 days to go..." "Well my name, Mike Rowe, is pretty much a brand name now." Bite me Mikey. I find this sort of thing excessively offensive in the "let's-appear-in-the-RIAA-sanctioned-Superbowl-commercial" way.
• Capitalism is alive and well and living in Mike Rowe's shrivelled little heart.
• Bidding is at $250,100 with 4 days to go Funny, with 50 minutes of ebay action left, highest bid received is $US560. Either it's one o' them Irish auctions, or he's making this shit up as he goes along.
• MonkeyFilter: Alive and well and living in Mike Rowe's shrivelled little heart. Thus spake Monkeybashi! But when am I going to get to my @#$%ing first comment? Do you realise how many weeks I've been doing this thing?!? All these wonderfully appropriate threads to comment in and nary a word.
• BearGuy's lost and wandering in MoFi archives. What an ugly way to go.