December 21, 2009

Considering the size, reputation, and – dare we say it – bottomless pockets associated with Microsoft Corp., it perhaps comes as no surprise to learn that yet another small(er) outfit is looking to drag the world’s largest software company through the courts on a charge of alleged trademark infringement.

This time the legal broadside has been fired by St. Louis-based design company Bing! Information Design LLC, which contends that Microsoft’s recently re-branded, re-launched and re-marketed ‘Bing’ Internet search engine infringes on a long-serving trademark and amounts to unfair competition and torturous interference.

“Microsoft’s use of the name dilutes the value of it and confuses the public about the companies’ relationship to each other,” outlined Bing! Information Design in an official filing logged at the St. Louis City Circuit Court.

Although not yet served with the complaint, Microsoft has commented that it does not believe there is any confusion in the marketplace between the two companies and/or their respective business angles. “We believe this suit to be without merit and we do not believe there is any confusion in the marketplace with regard to the complainant’s offerings and Microsoft’s Bing,” said Microsoft spokesman Kevin Kutz.

“We respect trademarks and other people’s intellectual property , and look forward to the next steps in the judicial process,” he added. Also, while Bing! Information Design has apparently been known as such since the year 2000, the company has not yet secured the Bing! trademark, which is still pending registration.

Bing! Information Design has not divulged the monetary damages it is seeking from the courts, although its filing outlined that it is requesting “actual and punitive damages including having Microsoft pay for corrective advertising to remedy the confusion it caused.”

Source:-http://www.thetechherald.com