Microsoft v. MikeRoweSoft

Microsoft v. MikeRoweSoft was a 2004 legal dispute between Microsoft and a Canadian Belmont High School student named Mike Rowe, who was 17, over the domain name "MikeRoweSoft.com".^[1] Microsoft argued that their trademark had been infringed because of the phonetic resemblance between "Microsoft" and "MikeRoweSoft".^[2]

The case received international press attention following Microsoft's perceived heavy-handed approach to a 12th grade student's part-time web design business and the subsequent support that Rowe received from the online community.^[3] A settlement was eventually reached, with Rowe granting ownership of the domain to Microsoft in exchange for an Xbox and additional Microsoft products and services.^[4]

Background

Since my name is Mike Rowe, I thought it would be funny to add "soft" to the end of it.

– Mike Rowe^[5]

The domain name MikeRoweSoft.com was initially registered by Canadian student Mike Rowe on August 5, 2003.^[1]^[6] Rowe set up the site as a part-time web design business, choosing the domain because of the phonetic pun by adding the word "soft" to the end of his name.^[7]^[8] Microsoft saw the name as trademark infringement because of its phonetic resemblance to their trademarked corporate name and demanded that he give up the domain.^[2]^[9] After receiving a letter from Microsoft's Canadian legal representatives Smart & Biggar on January 14, 2004, Rowe replied asking to be compensated for giving up the domain.^[5]^[10]

Microsoft offered to pay Rowe's out-of-pocket expenses of $10, the original cost of registering the domain name.^[11] Rowe countered asking instead for $10,000, later claiming that he did this because he was "mad at" Microsoft for their initial $10 offer.^[5] Microsoft declined the offer and sent a cease and desist letter spanning 25 pages. Microsoft accused Rowe of setting up the site in order to try to force them into a large financial settlement, a practice known as cybersquatting.^[1]

Press coverage and settlement

Rowe went to the press, creating publicity for the case and garnering support for his cause, including donations of over $6,000 and an offer of free advice from a lawyer.^[5]^[12] At one point Rowe was forced to take down his site after it was overwhelmed by around 250,000 page views over a period of twelve hours, only managing to get the site back up after changing to a service provider with a higher capacity.^[13] The case, portrayed as a David versus Goliath struggle by the media, characterized Microsoft in a negative light. The resulting bad publicity was later described as a "public-relations mess".^[12]^[14] The public showing of support that Rowe received was credited with "softening Microsoft's stance", leading to an eventual settlement.^[2]

In late January 2004, it was revealed that the two parties had come to an out-of-court settlement, with Microsoft taking control of the domain.^[15] In return Microsoft agreed to pay all of the expenses that Rowe had incurred, including setting up a new site at and redirecting traffic to MikeRoweforums.com, a website now defunct.^[16] Additionally, Microsoft provided Rowe with a subscription to the Microsoft Developer Network, an all-expenses-paid trip for him and his family to the Microsoft Research Tech Fest at their headquarters in Redmond, Washington, training for Microsoft certification and an Xbox with a selection of games.^[11] Following an online poll, Rowe donated most of his legal defense fund to Canuck Place, a hospice for terminally ill children, and used the remaining money for his future university education.^[17]^[18]

Further developments

We take our trademark seriously, but in this case maybe a little too seriously.

– Microsoft spokesman Jim Desler^[13]

After settling the dispute with Microsoft, Rowe attempted to auction off the documentation he had received on the on-line auction site eBay, describing it as "a piece of Internet history".^[10] The materials included one copy of the original 25-page cease and desist letter, as well as an inch-thick WIPO book containing copies of trademarks, web pages and e-mails between him and Microsoft.^[10] The auction received more than half a million page views and bidding rose to more than $200,000.^[10] The high bids turned out to be fraudulent, and the auction was restricted to pre-approved bidders.^[10] After restarting from the reserve price of $500, the documents eventually sold for $1,037.^[19]

Microsoft later admitted that they may have been too aggressive in their defense of the "Microsoft" trademark.^[16]^[20] Following the case, it was suggested by Struan Robertson – editor of Out-Law.com – that Microsoft had little choice but to pursue the issue once it had come to light, or they would have risked weakening their trademark.^[20] This view was also espoused by ZDNet, who noted that had Microsoft knowingly ignored Rowe's site, the company would have risked losing the right to fight future trademark infringements.^[21] Robertson opined that – had legal proceedings ensued – Rowe would have made a strong argument for keeping his domain, as he was using his real name and was not claiming to be affiliated with Microsoft.^[20]

References

^ ^a ^b ^c Kotadia, Munir (January 19, 2004). "Software giant threatens mikerowesoft". ZDNet. Retrieved March 7, 2024.
^ ^a ^b ^c Sieberg, Daniel (January 20, 2004). "Teen fights to keep MikeRoweSoft.com". CNN. Retrieved October 1, 2008.
^ Barker, Gary (January 21, 2004). "Teenager takes on a corporate monster". The Age. Melbourne. Retrieved October 2, 2008.
^ "Boy swaps MikeRoweSoft for Xbox". BBC News. January 26, 2004. Retrieved October 1, 2008.
^ ^a ^b ^c ^d KOMO Staff & News Services (January 18, 2004). "Microsoft vs. Mikerowesoft". KOMO News. Retrieved March 7, 2024.
^ "mikerowesoft.com whois lookup - who.is". who.is. Retrieved April 29, 2024.
^ "Microsoft Not Soft On Mike Rowe". CBS News. January 20, 2004. Retrieved March 7, 2024.
^ "Microsoft takes on teen over domain name". USA Today. January 19, 2004. Archived from the original on January 2, 2007. Retrieved October 8, 2008.
^ "Microsoft takes on teen's site MikeRoweSoft.com". CNN. January 20, 2004. Archived from the original on May 27, 2008. Retrieved October 1, 2008.
^ ^a ^b ^c ^d ^e Festa, Paul (February 2, 2004). "MikeRoweSoft sell-off bids going, going...down". CNET. Retrieved March 7, 2024.
^ ^a ^b Kotadia, Munir (January 26, 2004). "MikeRoweSoft settles for an Xbox". CNET. Retrieved March 7, 2024.
^ ^a ^b Carmichael, Amy (February 5, 2004). "Microsoft vs. mikeRowesoft ends amicably". The Globe and Mail. Retrieved March 7, 2024.
^ ^a ^b "Microsoft lightens up on teen's mikerowesoft site". USA Today. January 20, 2004. Archived from the original on July 1, 2010. Retrieved October 1, 2008.
^ Bishop, Todd (January 21, 2004). "Mikerowesoft vs. Microsoft: The saga continues". Seattle Post-Intelligencer. Retrieved October 1, 2008.
^ "Microsoft to take over MikeRoweSoft.com". CNN. January 26, 2004. Archived from the original on February 24, 2008. Retrieved October 1, 2008.
^ ^a ^b "MikeRoweSoft Names His Price". Wired. Wired News. January 26, 2004. Retrieved October 1, 2008.
^ Sjöberg, Lore (March 24, 2004). "Anti-MS Fund Goes to Charity". Wired. Wired News. Retrieved October 1, 2008.
^ "Teen who battled Microsoft donates defense fund to charity". USA Today. March 25, 2004. Archived from the original on August 10, 2007. Retrieved October 3, 2008.
^ "Sued teen sells letter from Microsoft". Taipei Times. February 9, 2004. Archived from the original on April 12, 2009. Retrieved October 1, 2008.
^ ^a ^b ^c Kotadia, Munir (January 20, 2004). "Microsoft: We took MikeRoweSoft too seriously". ZDNet. Retrieved March 7, 2024.
^ Kotadia, Munir (January 20, 2004). "MikeRoweSoft garners funds to fight back". ZDNet. Retrieved March 7, 2024.

External links

Microsoft.com
MikeRoweSoft.com – it now redirects to Microsoft.com.
Reddit.com - AMA with Mike Rowe on r/IAmA

[zdnet-1] Kotadia, Munir (January 19, 2004). "Software giant threatens mikerowesoft". ZDNet. Retrieved March 7, 2024.

[CNN3-2] Sieberg, Daniel (January 20, 2004). "Teen fights to keep MikeRoweSoft.com". CNN. Retrieved October 1, 2008.

[theage-3] Barker, Gary (January 21, 2004). "Teenager takes on a corporate monster". The Age. Melbourne. Retrieved October 2, 2008.

[BBC-4] "Boy swaps MikeRoweSoft for Xbox". BBC News. January 26, 2004. Retrieved October 1, 2008.

[komo-5] KOMO Staff & News Services (January 18, 2004). "Microsoft vs. Mikerowesoft". KOMO News. Retrieved March 7, 2024.

[6] "mikerowesoft.com whois lookup - who.is". who.is. Retrieved April 29, 2024.

[cbs-7] "Microsoft Not Soft On Mike Rowe". CBS News. January 20, 2004. Retrieved March 7, 2024.

[usatoday3-8] "Microsoft takes on teen over domain name". USA Today. January 19, 2004. Archived from the original on January 2, 2007. Retrieved October 8, 2008.

[CNN-9] "Microsoft takes on teen's site MikeRoweSoft.com". CNN. January 20, 2004. Archived from the original on May 27, 2008. Retrieved October 1, 2008.

[cnet2-10] Festa, Paul (February 2, 2004). "MikeRoweSoft sell-off bids going, going...down". CNET. Retrieved March 7, 2024.

[cnet-11] Kotadia, Munir (January 26, 2004). "MikeRoweSoft settles for an Xbox". CNET. Retrieved March 7, 2024.

[globe-12] Carmichael, Amy (February 5, 2004). "Microsoft vs. mikeRowesoft ends amicably". The Globe and Mail. Retrieved March 7, 2024.

[usatoday-13] "Microsoft lightens up on teen's mikerowesoft site". USA Today. January 20, 2004. Archived from the original on July 1, 2010. Retrieved October 1, 2008.

[seattlepi-14] Bishop, Todd (January 21, 2004). "Mikerowesoft vs. Microsoft: The saga continues". Seattle Post-Intelligencer. Retrieved October 1, 2008.

[CNN2-15] "Microsoft to take over MikeRoweSoft.com". CNN. January 26, 2004. Archived from the original on February 24, 2008. Retrieved October 1, 2008.

[wired-16] "MikeRoweSoft Names His Price". Wired. Wired News. January 26, 2004. Retrieved October 1, 2008.

[wired2-17] Sjöberg, Lore (March 24, 2004). "Anti-MS Fund Goes to Charity". Wired. Wired News. Retrieved October 1, 2008.

[usatoday2-18] "Teen who battled Microsoft donates defense fund to charity". USA Today. March 25, 2004. Archived from the original on August 10, 2007. Retrieved October 3, 2008.

[taipei-19] "Sued teen sells letter from Microsoft". Taipei Times. February 9, 2004. Archived from the original on April 12, 2009. Retrieved October 1, 2008.

[zdnet2-20] Kotadia, Munir (January 20, 2004). "Microsoft: We took MikeRoweSoft too seriously". ZDNet. Retrieved March 7, 2024.

[zdnet3-21] Kotadia, Munir (January 20, 2004). "MikeRoweSoft garners funds to fight back". ZDNet. Retrieved March 7, 2024.

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Microsoft v. MikeRoweSoft

Background

Press coverage and settlement

Further developments

See also

References

External links

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