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Much ado about Bing
A US COMPANY that happens to have 'Bing' in its name is suing Microsoft for trademark infringement and anti-competitive practices.
Another day, another lawsuit. This one sees Microsoft being chased for damages by a firm called Bing! Information Design through a court in St Louis. This 'Bing!', importantly, uses an exclamation mark.
Bing! said that it had been using its name since 2000 and had applied for it to be trademarked. Now, it says, since 2009 when Microsoft began spending millions marketing its Bing service, its business has been damaged. "Microsoft has spent substantial sums advertising the name of the search engine 'Bing', and promoting the 'Bing' name and mark, thus creating confusion and/or reverse confusion and damage to Plaintiff who had previously been utilizing its trademark Bing!", reads the complaint.
The complaint goes on to discuss how the firm has spent its own money on spreading its brand name and believes that Microsoft's efforts will have a deep negative affect on its business. Bing! is looking for damages from the Vole, along with corrective advertising designed to clear up any confusion and the sole right to the name Bing.
A Microsoft spokesperson told Ars Technica in a statement, "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."
So it could be a lot of fuss about no-bing. µ
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Ballmer Lite
ah i see you have a lawsuit that goes Bing!
While Bing! Information Design has been using the word/name "Bing" for a while, they did not trademark the word prior to Microsoft. They only filed for a trademark two days before Microsoft announced Bing (May 28th, 2009), and two months after Microsoft sought a trademark. In fact, Microsoft could probably reverse the suit and claim that Bing! Information Design is diluting the Microsoft's Bing trademark.
Judging by the fact that Microsoft and B!ID are in two different markets, have entirely different branding, and the shortness of the title with and without the exclamation point, both can coexist. Personally, I don't think B!ID would ever receive as much attention, confusion/reverse-confusion or not, without Microsoft.
What's being a patent troll have to do with this issue. This lawsuit is over a trademarked name.
@jon
that's when you're not sure if you're confused or not.
or maybe they're confused about whether you're confused.
or maybe i'm reversed confused about it too.
just look what Bing has done to us...
What the hell is "reverse confusion"?
So many company's are looking to make money on lawsuits instead of on the products they sell. This is getting past ridiculous and maybe we need to look at the patient laws.They do play an important part of peoples ideas and creativity and protection from others but it seems to have gone past that point.
Lawyers are just fishing for a bite.
Lets see what happens if Bing! Information Design changes their name to Microsoft! Information Design. Using Volean logic, "We believe this suit to be without merit and we do not believe there is any confusion in the marketplace ...." yeahhh rightttt!
Coming into word thru BUNG Port Is Rough & if 'D Emballmer Must Change, Drashek Already Got Bling locked Up. Soooo, BUNG Is Obvious choice of Billions today.
Many other BING Names, Carbureators, Travel, just Washington State Cherry Business Might Be Staggered. If DeliveryPerson states: got Crate of Washington Bling, OK. However, Got Crate of Washington BUNG, Oh, My. Is Master Still Staring Out that Little Hole.
Creepy.