WHY YOU SHOULD DO A TRADEMARK SEARCH (MS-DOSn’t)

Posted on August 6, 2012 by ERIC WACHSPRESS

On July 9th I posted an entry about how Apple paid $60,000,000 for the right to use the iPad trademark in China.

On Friday, August 3rd, the New York Times reported on Microsoft’s efforts to find a new trademark for their new operating system. See http://bits.blogs.nytimes.com/2012/08/03/microsoft-drops-metro-name-for-new-product-look/?ref=technology That operating system, using tiles rather than icons, as well as a distinctive font, is intended to be the first OS that is cross-platform; it will look the same on Microsoft’s phones, tablets and PC’s.

Well, Microsoft had to come up with a brand for this OS and the Apple trademark was unavailable. So, they started looking for a name. According to the Times piece, since the “look” of those tiles and font was inspired by European transportation signs, the first name that they considered was “Airport.”  Oops, see http://www.apple.com/airportextreme/ Apparently, AirPort Extreme is Apple’s trademark for its Wi-Fi base station and AIRPORT is the subject of U.S. Trademark Registration Nos. 2,117,248; 2,640,080; 2,786,542 and 3,239,864, all registered to Apple.

So, Microsoft went looking for another Euro-style name to call its new OS and came up with METRO. After all, what’s more European than the name of the Paris subway system? In fact at this year’s Consumer Electronics Show, Steve Ballmer, Microsoft’s CEO, introduced the METRO brand with none other than Ryan Seacrest. See http://youtu.be/5Kk0jhFjDsU

Well last Friday, the New York Times reported that a Microsoft spokesman announced Microsoft would no longer use the METRO brand claiming it had been intended to be used only temporarily. According to the Times piece, a German retailer, Metro, may have had concerns about Microsoft’s use of the name. According to Wikipedia, there is a German retailer called Metro, headquartered in Dusseldorf. See http://en.wikipedia.org/wiki/Metro_AG They are the 5th largest retailer in the world and their Media Markt stores claim to be the #1 electronics retailer in Germany and Europe. See http://www.mediamarkt.de/mcs/shop/unternehmen/geschichte.html

Maybe, Microsoft should search Bing for trademark lawyers…

 

 

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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