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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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.
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