| Microsoft Corporation Sues Mother for "Anti Chat Programme"
Microsoft Corporation Sues Mother for "Anti Chat Programme"
Posted : Mon, 21 Apr 2008 07:03:46 GMT
Author : Unicaresoft Corporation
Category : Press Release
HOOFDDORP, The Netherlands, April 21 /PRNewswire/ -- Microsoft's lawsuit against Unicaresoft BV is scheduled to
take place on 23 April. Unicaresoft is a joint initiative of Carola Eppink,
developers and entrepreneurs. Carola, mother of three, designed a solution
against excessive chatting and Internet use from her home and wanted to name
the product MSNLOCK.
The name derived from the idea behind the software -
regulating the use of various chat programmes. Carola thought MSNLOCK to be
an appropriate name for a product that provides a solution for such a
large-scale social problem.
Shortly after registering the brand and domain name, Microsoft
Corporation demanded through their lawyers that the name was withdrawn and
the domain name deregistered.
Carola sought legal help, turning to lawyer Marc de Boer of
Boekx Advocaten. His standpoint is that the use of the name MSNLOCK is not
illegal. "The name simply clarifies the intention of the product. What's
more, MSN messaging has become a generic term for chatting."
Faced with the threat of a lawsuit, Unicaresoft relinquished
the product name MSNLOCK. Unicaresoft did approach Microsoft to discuss the
matter and to explain the positive effects of the developed product on the
use and perception of chat programmes. However, Microsoft declined and
summoned Unicaresoft to also transfer all claimed Internet domain names and
the name MSNLOCK to Microsoft.
Carola comments: "I always assumed that MSN stood for
Messenger. It says so literally in the Van Dale dictionary, I quote: MSN
messaging is sending messages through a messenger".
Carola believes the case is not so much about the brand or
domain name as it is about the product she developed. In fact, there are
numerous examples of domain names that feature the abbreviation MSN in
combination with other words. Considering the popularity of Windows Live
Messenger and the income it generates through MSN-related advertising
revenue, it seems that a product aimed at providing a solution for a
large-scale social problem is being prevented from coming onto the market.
In the past few years, Microsoft has made quite a lot of court
room appearances in Europe. Last February, the company was issued to pay the
European Commission EUR 899 million for misusing their monopoly position to
bar other companies from the market.
Meanwhile, Unicaresoft has marketed its product under the
brand name Benzoy (R), which is now available in stores. Gerard Ghazarian, on
behalf of Unicaresoft, says: "Benzoy (R) meets the needs of a large number of
parents who want to stop their children from spending an excessive amount of
time on the Internet or chatting. Parents do not want MSN to be banned or to
spy on their children. Instead, research has shown that they would like
online computer use and other activities to be well balanced."
The preliminary injunction proceedings will take place on
Wednesday, 23 April 2008 at 14:00 in The Hague.
For more information on Unicaresoft Corporation, please see
one of the following links.
unicaresoft.com
benzoy.com
Unicaresoft Corporation
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