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11 commentsFriday, September 26, 2008

Does Microsoft Have Walls After All?

"No Walls" Apparently Already Taken

Microsoft is just not having much luck with the publicity of their latest $300 million ad campaign. I'm sure you are well aware of the Seinfeld fiasco. In case you're not, Microsoft kicked off this huge campaign with a pair of long and drawn out ads featuring Bill Gates and comedian Jerry Seinfeld. While some enjoyed the ads, the overall consensus was that they were lame, annoying and/or pointless. In other words, they didn't go over too well.

Microsoft then quickly went forward with "phase two" of the campaign, which includes the "I'm a PC" ads that were obviously a direct response to the Apple's "I'm a Mac" ads, and you have probably seen on television repeatedly over the last week or so. These new ads went over a lot better with critics, but one company is less than thrilled with the entire campaign, and not because of the plots of the commercials or bad writing. They have a problem with Microsoft's slogan.

The Microsoft ads say things like "Imagine no walls," and "Life without walls." The problem according to G.ho.st, is that they already have a pending trademark on the tagline "no walls". The company is demanding that Microsoft come up with something new, and G.ho.st CEO Zvi Schreiber has written a letter to Microsoft CEO Steve Ballmer on the matter, which can be read here.

Microsoft does not feel threatened over the matter, however. A Microsoft spokesman told Kara Swisher at All Things Digital:

“We are aware of their concerns and believe their claims have no merit. We are not aware that Ghost has any trademark registrations or other rights that would be infringed by our ‘Life Without Walls’ campaign. To our knowledge, the right they have asserted, namely, a U.S. ‘registered trademark application,’ in the phrase ‘No Walls,’ does not exist.

“To our knowledge, Ghost has no trademark registrations or other rights in the phrase ‘No Walls.’ Even if they did, they cannot prevent others from using the words ‘no walls’ together in a sentence or in a descriptive manner in ad copy. Nor can they claim ownership in word ‘wall’ or the idea of a wall. The tagline for Microsoft’s new ad campaign is ‘Life Without Walls’–a slogan that, taken in its entirety, is not confusingly similar to Ghost’s purported ‘motto.’”


Hmmm, is G.ho.st just making this up? That seems odd. G.ho.st, which stands for "Global Hosted Operating System (the keywords being "operating system") is somewhat a competitor to Microsoft. Given Microsoft's past reputation of anti-competitiveness, the whole thing smells a little fishy to me. It will be interesting to see if this turns into some major legal trouble for Microsoft, or if G.ho.st will just fall through the cracks as the technology giant's $300 million campaign rolls on while consumers continue to live their lives having no clue what G.ho.st is.

About the author:
Chris Crum has been a part of the WebProNews team and the iEntry Network of B2B Publications since 2003. Twitter: @CCrum237

Ghost?

Wow, I've never heard of Ghost!

That's so funny, another company that's out there that I have never heard of until Microsoft got connected some how. It is funny how this works, thanks to Microsoft's new stupid ad campaign (for the record I think all ads are stupid, not just Microsoft's), I now know one of their competitors (of sorts).

Here's some slogans for ya!

I'm a PC, I go... Click, Click, Crash.

I'm a Mac, I go... Click, Click, OS Not Supported!

Just my opinion.

Blank Wholesale T-Shirts & Bulk Apparel Club open to the Public!

 

Response from http://G.ho.st CEO Zvi Schreiber

Microsoft’s response which you reproduced above is nonsense:

“We are not aware that Ghost has any trademark registrations or other rights that would be infringed by our ‘Life Without Walls’ campaign. To our knowledge, the right they have asserted, namely, a U.S. ‘registered trademark application,’ in the phrase ‘No Walls,’ does not exist.”

They know this is wrong - we have rights in law by virtue of using the trademark NO WALLS as a prominent tag line (with the TM marking) for 17 months and we do now have a pending registration.

“Even if they did, they cannot prevent others from using the words ‘no walls’ together in a sentence or in a descriptive manner in ad copy.”

Microsoft are not using ‘no walls’ in a sentence. It is a prominent marketing headline on the Windows operating system home page.

“The tagline for Microsoft’s new ad campaign is ‘Life Without Walls’–a slogan that, taken in its entirety, is not confusingly similar to Ghost’s purported ‘motto.’”

Clearly ‘life without walls’ and ‘no walls’ capture the very same concept and are confusing. Additionally Microsoft are using the phrase ‘life without walls’ simultaneously to and related to actually using our exact tag line ‘no walls’ in the same campaign which seems to confirm they themselves consider these to be trivial variations of the same message.

They are reportedly spending $300m on this campaign - I am sure for that money - if they wanted to - they could come up with something original which is not identical to the tag line, and infringing the trademark rights, of a small direct competitor.

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