Case 6.5-Microsoft goes after student

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Q1.Choose sides, and debate the issue from Mike Rowe’s viewpoint and from Microsoft’s viewpoint.

I'm choosing the side of Mike Rowe. Law states that the entity name should be similar in sight, sound and meaning for it to qualify as trademark infringement.

Mike Rowe’s viewpoint:

Mike Rowe created a website called MikeRoweSoft.com to demonstrate his part-time web design work. Micro-Soft and MikeRowe-soft sounds similar but MikeRoweSoft is a amateur website and Microsoft is a software vendor. So Mike Rowe’s website should not have affected Microsoft brand. Though there is phonetic resemblance between the two names, they are not similar in sight and meaning.

But while choosing a domain name it is necessary to go through rules and regulations and choose a name that will not lead into any conflict, because slight ignorance might cause website owner to face big problem.

Microsoft’s viewpoint:

Microsoft takes its trademark seriously and it is necessary to protect trademark. I think MikeRoweSoft was an attempt to capitalize on the recognition of Microsoft.

Q2.Could Microsoft simply have ignored Mike Rowe’s Web site? Why or why not?

Microsoft would have ignored Mike Rowe’s website but they dint and it is indirectly serving good purpose. These issues are small for big company like Microsoft but these issues are creating awareness among website builders so that issues like domain names and other privacy issues are to be taken seriously.

NAME:Suma P

USN:1MS07IS104

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