Attached Link: http://www.rr.com/flash/index.cfm

Attached Link: http://www.mikerowesoft.com

Lots of his links have been shut down, a young man, trying to make a stand with grace and dignity. Sharen

Or someone trying to capitalize upon another business's name to get more customers for his own products? Now, if he'd done it as a parody site, he'd have protections. As a commercial site? He should have known better. Unless his own real personal name IS Mike Rowe... I don't think he has a leg to stand on. His youth doesn't sway me either (I've known families where the kids start using a computer as soon as they hcan hold down a mouse with both hands... he could have more than a decade of experience). Carolly

His name really, truly is Mike Rowe. And Microsoft has backed down due to the bad PR. They admitted their reaction was too serious, and have supposedly reached some kind of settlement.

Yeah, his name really is Mike Rowe. Personally, I think Microsoft went off the deep end on this one. I mean, his "business" is on the Internet where people have to actually read the content. Based upon that, how is he capitalizing on Microsoft's name? The names aren't spelled the same way. Anyone with half a brain would realize that "MikeRoweSoft Design" is totally different from "Microsoft." Please... -=LovePyrs=-

Actually he does state that he was aware of the way everything sounded, so he new it may cause a conflict, but he states he did not think it was going to be this big. Being aware of it, does tell me something about this young man, but the way he is handling it is what interest me. Kind of like the man....oh I forgot, who had the same name as a singer, and the singer's lawyers wanted to sue him in regards to the same name. The gentleman's original name was his and then they tried to buy his name, but he ended up fighting it in a court of law...sorry, can't remember the name of the singer or mans name. Sharen

I think Microsoft is 100% correct. I read the article. He intentionally used the parody cause it sounds like Microsoft. If his intention wasn't to sound like Microsoft then the name wouldn't be that important. Its like people who create characters that look very similar to copyrighted characters then claim they weren't copying. He intended the name because it sounds like Microsoft. How is that not capitalizing on a name? Plus he ups and tries to sell the name to them for $10k. If he had no intention of capitalizing on the name sounding like Microsoft then he wouldn't make a fuss about not using the name.

I wouldn`t want my company to have anything to do with microsoft, unless it was a ropey program making company.

Yes, he knew it sounded like "Microsoft," but I think it was more a joke than an attempt to capitalize on their name and reputation. It may be a lame joke, but he is 17. He was probably just looking for something catchy. I doubt anyone would ever confuse them. He's not selling software, he designs web graphics. Yes, he did ask for $10,000, but he wasn't serious about that, either. He was just ticked that Microsoft offered him all of $10 to recompense him for the costs of handing over the domain name to them and setting up a new one for himself.

And why shouldn't they offer him $10. Just cause they are Microsoft doesn't mean they should pay more than fair market value for a URL name. And he DOES have a web design business. If he is running a business then 17 doesn't matter. He intentionally uses the name cause it sounds like Microsoft then wants $10k for the url name. If I were MS I'd raise an eyebrow myself. Plus, at the time, Microsoft maybe didn't know he was 17 or believed it. I don't understand what the attitude is that just cause some company or person makes a sizable amount of money that all of a sudden means its OK to charge them more or take advantage of them. If Microsoft had taken Mike Rowe and used that, wouldn't Mike Rowe also have the right to defend his name?

Yes, and Mike Rowe used his name. Doesn't he have a right to defend it?

Sorry ... but this kid is WAY off base. He DELIBERATELY chose the name of his business to make use of the similarity in pronunciation. It was not an accident, it was not a case of someone inoocently making a mistake and it wasn't a councidence. He made a specific, deliberate choice to name his software firm ina way that would be phonetically similar to a trademark that already exists in that industry. He got caught and he is going to lose. The ONLY think that is amusing is how the hatred of all things Microsoft is keeping peopel from being objective about this.

....I know that he was aware of this, he said so in his statement, but don't you think this is interesting how this is unfolding....I kind of think the news and journalist are going to have more of a hay day with this then anyone else. Sharen

of course he could not make his web site www.mikerowe.com, cause that would not catch anyones eye, but www.mikerowesoft.com definately would catch someones eye.....I know this may sound unresponsible of me....but I think that is quite ingenius of him. Sharen Now don't think of that I condone this kind of thing....I just thought it was cleaver.

Agreed soulhuntre. Similar to a kids orthopedist naming his practice Dis-knee. dontbotherme - The kid intentionally twisted his own name to make it sound like Microsoft. Not the other way around. If his name was Mike Rowesoft then maybe he's got an issue. even so, since Microsoft was established before his company, MS would have fair claim.

Yes Mason I agree, and a kids orthopedist naming his practice Dis-knee.....that is pretty clever....am I the only one that thinks that is clever....sorry, I read the article this morning and it just kind of made me laugh, but you are right it is not a laughing matter, if it was directed toward our site or us, I would be miffed too. Humbly walking away with my head down....Sharen

Actually, you are allowed to have the same or similar names, as long as you are in different businesses. Remember when the stock price of Juno, a glass company, shot through the roof when clueless day traders mistook them for Juno, the company that was offering free e-mail? And not too long ago, a small, mom-and-pop "marital aids" store called Victor's Secret went all the way to the mat against Victoria's Secret...and won. The court ruled that they were in different businesses and would not be confused. No harm, no foul. I think that applies here, too.

I don't think you can have similar names if the intent is to cash in on the sound of one name to draw business. Deluxe Cleaners and Deluxe Auto repair aren't cashing in on each other's popularity or name. They both cash in on the name Deluxe. The bottom line is he made the name as a parity of Microsoft. Clever, but both he and Microsoft are in the same arena. He's not doing Mike Rowe Soft auto repair. Designing web pages and what MS does probably falls in the same area. I think MS has a case though its extremely petty. Then again, I could make products called SAMS4D and sell them and I'm sure SAMS3D wouldn't get at all upset now would she :)

I don't think his intent was to "cash in." His intent was just to be funny. The only thing this kid is guilty of is being very, very naive. At 17, he's allowed to be.

Microsoft's lawyers were doing what they had to do. Trademark law requires that they aggressively protect their trademark. They don't necessarily have to win every case, but they do have to take action. Microsoft has since apologized and admitted they overreacted; if they're not upset at young Mike, why should anyone else be?

The fact that people are siding with Rowe isn't a sign of irrational hatred of Microsoft. It's just human nature. When a large corporation sics its lawyers on a kid, most people's sympathies are going to be with the kid. Warner Brothers found that out when it sued that 15-year-old who had a Harry Potter Web site. The public reaction was so negative WB backed off their whole "crackdown on HP web sites" campaign. The RIAA didn't back off, but their hearts must have sunk when they discovered their first target was a 12-year-old living in a public housing project.

The Seattle Post-Intelligencer has suggested that Microsoft give the kid a $10,000 college scholarship. Me, I think they should hire him...in their PR department. :-)

Hate to admit it, I guess. But I have no idea who Mike Rowe is. Someone explain please.

Mason :-) LOL...you are right, I would be a little bit more then upset if that happened. I am at a loss for words...that has to be a first.. ...and MeInOhio, he is a young man who is a web designer and he named is site after his own name Mike Rowe, but he added soft to his site's name, so it is www.MikeRoweSoft.com and Microsoft is not happy.

"Actually, you are allowed to have the same or similar names, as long as you are in different businesses."

That's a sort of rule of thumb ... the issue is whether there is a likelihood of consumer confusion. For instance if I started a phone sex company and called it "Apple Computer" and mimicked Apples site design and visual style the fact that I was in a different business might not save me.

"The Seattle Post-Intelligencer has suggested that Microsoft give the kid a $10,000 college scholarship. Me, I think they should hire him...in their PR department."

Hopefully they have better ways to spend their money than rewarding some twit for a play on words... like funding my Xbox project :)

Oh, (hits himself in the head), I didn't even notice the play on words. Thanks.

Oh, (hits himself in the head), I didn't even notice the play on words. Thanks.

I read the article on CNN.COM and understand Mike Rowe created his website as a "clever" play on the Microsoft name. I think it was a smart memory device that utilized his own name in such a way that others would remember the site. I also understand Microsoft has to pursue trademark infringement. However, like most large corporations today, I believe their nitpicking pursuit is going way too far. If the guy's site was named Mikrosoft, Microzoft, or something similar with only one letter out of place, then I would stand behind Microsoft's cause because an MS consumer may confuse Mike's site spelling with the corporation's. However, when the guy uses his own name with its original spelling, there is no way a consumer is going to accidentally mistake him or his website for the larger company. It's just not feasible. Large corporations in both the business and entertainment industry try to monopolize everything and anything they think they can get away with. Microsoft is taking this guy's harmless bit of self-promotion and blowing it way out of proportion. Microsoft doesn't create websites, so Mike Rowe isn't stealing business from MS. He didn't use a spelling that could be mistaken for the larger corporation's name, so he isn't stealing their identity. He merely made a play on the sound of his name. A SOUND. An audio cue that would allow customers of his web-creation business to remember the URL. The law being what it is, this guy will probably have to give in to Microsoft. However, just because it's a law doesn't mean it is justifiable or right.

Speaking of Apple...Yoko Ono and the remaining Beatles have been suing Apple on and off for years, claiming that Apple is their trademark. The Beatles had a record label called Apple Records, with a very similar logo to Apple Computers' logo. For the most part, suits like this are settled quickly because one party has a lot more money than another party, and caves as soon as they get a nasty letter from a lawyer, but in the case of the Beatles vs. Jobs, it's gone on for decades. It was recently revived because Apple has ventured into the music biz, with iTunes. Yoko and Co. claim that violates an earlier settlement that let Apple Computer use the bitten apple logo as long as they stayed out of the music business. Should be interesting to see how Microsoft and MikeRoweSoft.com settle this. It might be something as simple as requiring Mikey to put a disclaimer on his page ("This site is not affiliated with Microsoft in any way" etc.) As for money...I think the "twit" has already been rewarded. He's gotten his 15 minutes of fame. He's parlayed it into free webhosting (that can handle a quarter million hits a day!), and has a PayPal button on his Web site where you can donate to his defense fund. While most other kids would have meekly handed over the domain name, he not only stood up to Microsoft, he sent a press kit around to all the major media outlets (which is why we're talking about him now). Some people might find this obnoxious, but I think Microsoft would really value that kind of moxie and entrepreneurship. It's the kind of thing they love.

I guess those people in this forum who see this Mike Rowe as some kind of criminal must think he should have been forced to change his name so it would no longer be even slightly similar to Microslop's. At least that's the way they sound.

Correct spelling of his name or not the "soft" was nothing more than to imitate microsoft so I don't fall for his "I'm only 17 and had no idea," yadda, yadda.

This is nothing though. I'm much more impressed by the Digital Diva's going after Microsoft and winning for using their name.

I think it's funny as hell. And it's not like he's actually a threat to microsofy or people are going to confuse him with it. I mean, come on.

Microsoft sells web design software... so he was directly competing. Where does he live anyway? Seattle? There are other ways he could have played on his name without running afoul of an established company. The fact that he was so willing to sell the domain to them bolsters my opinion that he is a twit... and not worthy of defense. If he had stood ground and said that's my name and I'm keeping it! I'd have a spot more sympathy. On his own page, though, he never once says that is his real name. "Quantum" means miniscule, but thanks to Neil Armstrong, the public associates quantum leaps with the steps of giants. This guy could have played with "micro" the same way... now that would have been clever. As a wordsmith myself, I see nothing cute or intelligent or clever in what he did... only a rip-off attempt to gain customers and market identification at the expense of others. My opinion of Microsoft is well-known. I hate, fear, and loathe them... however, in this matter they are in the right. Carolly

I like Microsoft, I think that Bill Gates is brilliant, kind hearted and a great human being, why if I had a job working for Microsoft I'd sing as I went to work every morning..What? ..I have no idea what you're implying. Ahem. ;) Two sides I suppose, on one hand Microsoft should perhaps relax a little, on the other..'I'm just a kid, I didn't know' is bullshit. 17 isn't a child, it's basically a man. If he's savvy enough to make a decent website then he's savvy enough to understand copyright. Just because a company is big doesn't make it ok to rip off their ideas, products or name. In conclusion I say that hanging's too good for this person and he should be sentencing to work on a tech support line for Windows 3.1 Mon

The kid lives in Vancouver, Canada. He may have removed some info from the site now that he's famous, to avoid harassment.

Ignorance of the law is not an excuse for breaking the law. You cant say "I did it because I didnt know it was illegal" He doesn`t really sound so innocent to me...

oh 17 is a kid, but he knew. 6 year olds know about microshaft. But still, what's the big deal, I mean, jeeze.

I think his name is Mike Rowe. :-) Registrant: MikeRoweSoft Michael Rowe 131 - 883 Van Isle Way Victoria, BC V9B5R8 CA +1.2504744441 64808@whois.gkg.net Administrative Contact: MikeRoweSoft Michael Rowe 131 - 883 Van Isle Way Victoria, BC V9B5R8 CA +1.2504744441 64808@whois.gkg.net Technical Contact: MikeRoweSoft Michael Rowe 131 - 883 Van Isle Way Victoria, BC V9B5R8 CA +1.2504744441 64808@whois.gkg.net Billing Contact MikeRoweSoft Michael Rowe 131 - 883 Van Isle Way Victoria, BC V9B5R8 CA +1.2504744441 64808@whois.gkg.net Registrar..: gkg.net (http://register.gkg.net/) Domain Name: MIKEROWESOFT.COM

Yes, his name is ... and that doesn't change a thing :)

I didn't say it did....the info I posted was for those who thought otherwise. :-0

Apparently even being forced to change his name wouldn't satisfy some people around here. I guess it's time for a gallows.

We have never said that he should change his personal name. We have said that his business name as set up is designed to rip off an established company. If he'd done "MikeRowe's SoftWorks", and then fought to keep it, he'd be on better footing. The fact that he immediately proposed to sell the domain indicates that he doesn't have quite the vested interest he claims (I wouldn't sell MY name). Carolly

I agree with hauksdottir. I feel that he capitalized on MS name and knew exactly what he was doing.

shouldn't this thread be moved to the Poser forum

I think it's all bullshit. What next, we start putting trade-marks on numbers. HMMM???? It's all capitalist bullshit to me. I mean give me a break. I don't think he should have to change anything as some may think. It's cut-throat and you use whatever edge you can. He did, and for his efforts he gets hassled. 17 or not Corporations like MS have been rail-roading people like him years. It's part of the bad rep MS has. I remember several years ago when the parity site PETA(People Eating Tasty Animals).org was shut down via complaint by original PETA. I'll be glad when this bubble of greed collapses on itself and the national, social and internation borders come crashing down and the human race gets back to common sense.

! ANARCHY IN THE UK ! Its cute in songs, its a bad idea for running a planet. The ability to establish and protect a identity is a important part of doing business. WHile that might not matter to people who don't liek having access to the sorts of things that only large industries can provide... it sure matters to me. Ah well, we saw what happens when this sort of thing is tried (the "workers paradise" stuff). Greed still happens, greed will always happen.

Anarchy, what's that got to do with anything. There's nothing wrong with capitalism, what we have to today is capitalism spun outta control. I agree with protecting your identity but how far will you go before it becomes unethical? If this guy's name was not Mike Rowe, I would agree, but that's his real name and I know that Microsoft had to know that. You don't get to be that large and not know who the opponent is. At that point it was just bullying IMO. He should not have to change the name of his domain just because it's close to something else. I recall the lead singer of CCR going solo and on his solo album the record company filed a lawsuit stating that he sound too much like himself. Of all the bullshit massive corporations try to pull. Luckily in that case the judge had enough common sense to throw it out.

[[...and the human race gets back to common sense.]] Teph, you are gonna have one looooooooooooooooooooooooooong wait, alas.

Attached Link: http://www.cnn.com/2004/TECH/internet/01/26/mikerowesoft.settle.ap/index.html