G.ho.st, a startup that offers a hosted operating system, has accused Microsoft of violating a company trademark with its prominent use of the phrase "no walls" in its recently unveiled US$300 million Windows marketing and advertising campaign.
A letter from G.ho.st CEO Zvi Schreiber sent to Microsoft CEO Steve Ballmer last Tuesday asked the company to stop using the phrases "life without walls," "imagine without walls" and "imagine no walls" on its products, Web site, marketing materials, advertising and other promotions and agree in writing to stop using these phrases by the close of business last Thursday.
As of Monday, Microsoft was still using the phrases in its campaign. Microsoft spokesman Michael Marinello said via e-mail Monday that the company acknowledged it had received Schreiber's letter but "the allegation is without merit."
Schreiber said G.ho.st has been using the phrase "no walls" to describe its G.ho.st Virtual Computer product, which is a hosted OS that runs in a virtual environment and is what he calls a "conceptual alternative to Windows," since April 2007.
Microsoft's use of "life without walls," "imagine without walls" and "imagine no walls" and their prominence on the marketing campaign "are virtually identical ... to our trademark," he wrote.
However, according to a record with the US Patent and Trademark Office, G.ho.st has not yet officially trademarked the phrase and only filed an application to do so last Tuesday, the day it sent Microsoft the letter.
Schreiber also suggested in the letter that Microsoft's use of the phrase "is designed to scare off potential investors in G.ho.st or partners of G.ho.st and prevent us from giving our innovative Virtual Computer solution a fair chance in the market place."
In addition to no longer using the phrase, G.ho.st also has requested that Microsoft publish "in the same media where these marks were displayed or advertised" clarification that it has not licensed G.ho.st's technology or trademark and that it doesn't offer the same "features or benefits of the G.ho.st Virtual Computer. "
Additionally, G.ho.st is asking Microsoft negotiate a "good faith" license for the past use of what the company believes is its trademark.
G.ho.st did not respond to a request for comment Monday about whether it would take legal action against Microsoft to resolve the matter. The company was founded in 2006 and has about 40 employees in Israel and the West Bank.
Read up on the latest ideas and technologies from companies that sell hardware, software and services. Controlling storage costs with Oracle database 11g
How to improve employee productivity in small and medium businesses
Email Archiving Implementation: Five Costly Mistakes to Avoid
Gaining Competitive Advantage Through Enterprise Planning
CRM your salespeople will love
Refresh your AUP: Top tips to ensure your acceptable use policy is fit for purpose
Delivering the Power of Choice with Microsoft Dynamics CRM
Taking On Demand CRM Integration to the Next Level
Zones provide focussed content from Computerworld and leading technology partners.Discover how SOA can create smarter outcomes for your business.
Attend and learn:
- How SOA is helping leading companies to become more agile
- Where you should be applying SOA processes in your company
- The top SOA implementation mistakes to avoid
Click here for more information.
- +
Computerworld Live Podcast #97: The Future of Enterprise Networking 25/07/2008 09:45:36
This week CW Live chats with Mark Thompson, global sales and marketing manager for HP ProCurve, on the future of the enterprise networking. Mark discusses the trends we can expect to see in the near future and how the right infrastructure can ensure your enterprise network is secure. - +
Computerworld Live Podcast #96: Security at the Edge 11/06/2008 09:22:22
CW Live speaks with Amol Mitra, HP ProCurve Director of Marketing for Asia Pacific and Japan. Today's topic: how enterprises are starting to shift away from simply controlling security via server logins, firewalls and moving to more adaptive security frameworks. - +
Data Management Edition #10: Multi-Petascale Systems 02/05/2008 09:12:33
This week we look at sustainability and the development of multicore technologies to build multi-petascale systems. - +
IT Security Edition #11: How to poison the Storm botnet 01/05/2008 08:51:55
This week CW Live presents a case study on how to poison the notorious Storm botnet . Plus we take a look at Cisco's plans for Ironport. - +
IT Security Edition #10: Cyber-battles fought and won 24/04/2008 11:09:47
Vendors bow to end user pressure to improve product security, and we take a look at the latest concepts shaping the cyber-battlefield of the future.
Charles Sturt University Commences Unified Communications Deployment With Interactive Intelligence 2008-12-04 08:30:00+11
AOC Launches 18.5” Widescreen Green 16:9 LCD Monitor in Australia and New Zealand 2008-12-03 15:30:00+11
FrontRange Solutions eases software license management with new License Manager 3.0 2008-12-03 14:56:00+11
Progress Software's Cure for Managing Services-based Applications 2008-12-03 14:42:00+11
S3 Graphics Unleashes Full OpenGL® 3.0 API Support with Beta Driver for Chrome 500 Series GPUs 2008-12-03 14:08:00+11
Data grids and service-oriented architecture
When choosing an SOA strategy, corporations must ensure data availability, reliability, performance and scalability. A data grid infrastructure, built with clustered caching provides a framework for improved data access that can create a competitive edge and sustain customer loyalty. Read on to discover how this can be created within your organisation.












