[Politech] Microsoft loses domain name, EU antitrust cases [fs]

From: Declan McCullagh (declan@private)
Date: Wed Dec 22 2004 - 20:52:29 PST


http://news.com.com/EU+upholds+penalties+against+Microsoft/2100-1014_3-5500487.html?tag=nefd.lede
A European court on Wednesday dealt a blow to Microsoft, ordering the 
company to start offering a version of Windows without a bundled-in 
media player. Bo Vesterdorf, president of the European Court of First 
Instance, said that Microsoft must comply with penalties imposed by the 
European Commission in March even as the company's appeal wends its way 
through the system. [...remainder snipped...]



-------- Original Message --------
Subject: [Politech] Microsoft Loses Arbitration Over Mocosoft.com
Date: Tue, 21 Dec 2004 20:41:00 -0500
From: Stephanie <sjwinters3@private>
To: Declan McCullagh <declan@private>

Declan, for Politech if you wish:

http://www.theregister.co.uk/2004/12/15/mocosoft_beats_microsoft/

Microsoft halted in phonetic domain crusade

By Kieren McCarthy
Published Wednesday 15th December 2004 17:11 GMT
Microsoft has been knocked back in its increasingly bizarre domain name grab
by Spanish company Mocosoft.

Domain arbitrator WIPO, meeting in Spain, has decided that Microsoft is not
entitled to the domain "mocosoft.com" despite the fact that some of the same
letters appear in both companies' names. The site hosts a long list of
downloadable applications.

The decision comes on the back off a year-long crusade by Microsoft to take
ownership of all and any domains that even sound like its own name. Most
famously, Microsoft lawyers descended on 17-year-old student Mike Rowe in
January insisting he hand over his domain "mikerowesoft.com". The claim was
clearly ludicrous but following heavy press interest, Microsoft went into PR
mode and Mike Rowe was dazzled into handing over the domain by a plethora of
gifts.

At the time, and despite Microsoft claims otherwise, we reported that the
software giant was following the same tactics with a number of other
domains. Incredibly, one such person who stood up to Microsoft, Mike
Rushton, subsequently had his domain given to Microsoft by WIPO.

"Mikerosoft.net" was too close to Microsoft's trademark and so had clearly
been registered in bad faith, the sole panellist Nels T. Lippert decided in
April this year. It was just the latest flawed decision in a system
virtually designed to provide corporate friendly decisions with little or no
justification.

That decision was largely built on a previous decision which, while we have
issues with some aspects of it, is far clearer. Tarek Ahmed was forced to
hand over "microsof.com" in July 2000. The WIPO sole panellist Frederick M.
Abbott gave a lengthy and considered response to the opposing claims and
decided in Microsoft favour.

However, that decision was then used (wrongly in our opinion) to justify
handing over "Mikerosoft.net" to Microsoft. And in turn the mikerosoft.net
decision was then used in an effort to get hold of "mocosoft.com".

But in this case, the WIPO panel - a three-person panel that it cost
Mocosoft to introduce comprising Roberto Bianchi, Gabriela Paiva Hantke and
Angel Garcia Vidal - did not join the cumulative justification
rollercoaster. It decided that "moco" just wasn't phonetically close enough
to "micro" to use the "precedent" set by mikerosoft.net.
[...]
_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)



This archive was generated by hypermail 2.1.3 : Wed Dec 22 2004 - 22:05:35 PST