Microsoft Vs. MikeRoweSoft
An interesting dispute developed between Microsoft Corporation and a 17 year old Canadian schoolboy named Mike Rowe. Mike Rowe purchased the domain MikeRoweSoft.com and established his fledgling web-design business.
Microsoft insisted that Mike Rowe release ownership of the domain given it’s phonetic similarity to their corporate name. In Microsoft’s eyes it was a blatant case of cybersquatting which is defined as “registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else”.
With the David versus Goliath connotations the case received plenty of press coverage and public sympathy for the Canadian schoolboy. Eventually sanity prevailed and Microsoft gained control of the domain in exchange for providing Mike Rowe with various tech-related goods and services.
WWF Vs. WWF
You’d think an international conservation agency would never have a trademark conflict with an international wrestling organisation right? Well, think again. The World Wildlife Fund registered the acronym WWF in a range of classes and countries during the 1960s. The international wrestling organisation started in 1979 using the name Titan Sports however the trouble started when they re-branded 10 years later as the World Wrestling Federation.
The World Wildlife Fund soon commenced legal proceedings and commented that they did not desire any connection with what they deemed as an unsavoury sport. What followed was an often bitter legal fight that lasted 13 years. The wrestling organisation subsequently changed their name to World Wrestling Entertainment, Inc (WWE) and changed their domain name to wwe.com
The lesson for all is very clear – whether you are re-branding or creating your own brand it is absolutely essential to very carefully check that there is no conflicting marks on the Registers of the countries that you seek protection in.
Moosehead Vs. Moose Wizz
Moosehead Breweries Limited has initiated numerous infringement cases against other beverage brands that include the word MOOSE. Pictured above is a prime example of a recent case where Moosehead successfully won an infringement case against the owner of the mark MOOSE WIZZ. Other breweries to receive a cease and desist letter from Moosehead include HOP ‘N MOOSE, POMP LE MOOSE, NINJA MOOSE, FEISTY MOOSE BREWING COMPANY and, rather surprisingly, Müs KNUCKLE.
While the word MOOSE is undoubtedly very distinctive on classes 32 and 33, the pertinent question is exactly how much protection should Moosehead be granted when the opposed marks have significant other visual, aural and conceptual elements – particularly as is the case with the Müs KNUCKLE mark.
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