Monday, 7 September 2015

BDM 103-2

1. MICROSOFT V. MIKEROWESOFT

At 17 years old, Michael Rowe started his own website design company. Looking for a catchy name for the business, he decided to create a parody of computer software giant Microsoft using a variation of his own name. Rowe purchased the URL mikerowesoft.com.
The Bill Gates empire caught wind of the site and threatened to sue for trademark infringement. To avoid litigation, they graciously offered Rowe $10 to reimburse the expenses incurred in buying the web address. When the story started hitting online news sources, the outcry from average web surfers was intense. A defense fund was set up in Rowe's name and people donated around $6,000 to help him fight the power.
After the online commotion died down, Rowe began to realize just how much was at stake if he saw this case through. His measly $6,000 was nothing compared to the billions Microsoft had at its disposal. And should he lose, Rowe would be responsible for the court costs of a team of Microsoft lawyers, a fee he'd be struggling to pay for the rest of his life. He began to wonder if he should just take his $10 and throw in the towel.
However, the bad press Microsoft received was enough to make them sweeten the deal. In the end, Rowe handed over the website in exchange for Microsoft Certification training, a trip for his family to a tech conference in Redmond, Washington, assistance to set up a new website, and an Xbox videogame system.

BDM 103

MCDONALD'S V. Mary blair's Mcmunchies

If you want to use the name Mc-anything for your business, think again. There's a good chance Ronald and his lawyers will be on you like barbecue sauce on a McNugget. Here are just a few of the many trademark infringement cases McDonald's has brought against small businesses that dared use some variation of "Mc" in their name:
"¢ Back in 1996, if you were looking for a quick lunch in Buckinghamshire, England, you might have stopped at Mary Blair's McMunchies, a small corner deli whose name combined slang for snack food and the owner's Scottish heritage. McDonald's threatened to sue her, saying the "Mc" prefix was a registered trademark. To the rescue came Lord Godfrey MacDonald, head of the MacDonald Clan of Scotland, who started a campaign against the corporation's harassment of businesses using the Mc prefix. McDonald's received enough bad press that they eventually dropped the case against McMunchies as well as many other small McBusinesses in the UK.