Mike Rowe (student)
Encyclopedia
Microsoft vs. MikeRoweSoft was a legal dispute between Microsoft
and a Canadian
Belmont high school
student named Mike Rowe over the domain name
"MikeRoweSoft.com". 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. A settlement was eventually reached, with Rowe granting ownership of the domain to Microsoft in exchange for Microsoft products and training.
infringement
because of its phonetic resemblance to their trademarked corporate name and demanded that he give up the domain. After receiving a letter on January 14, 2004 from Microsoft's Canadian legal representatives Smart & Biggar
, Rowe replied asking to be compensated for giving up the domain.
Microsoft offered to pay Rowe's out-of-pocket expenses
of $10, the original cost of registering the domain name. Rowe countered asking instead for $10,000, later claiming that he did this because he was "mad at" Microsoft for their initial $10 offer. Microsoft declined the offer and sent a cease and desist
order 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
.
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. 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. 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. Following an on-line poll, Rowe donated most of his legal defense fund to a children's hospital
and used the remaining money for his future university education.
off the documentation he had received on the on-line auction site eBay
, describing it as "a piece of Internet history". 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. The auction received more than half a million page views and bidding rose to more than $200,000. The high bids turned out to be fraudulent and the auction was restricted to pre-approved bidders. After restarting from the reserve price of $500, the documents eventually sold for $1,037.
Microsoft later admitted that they may have been too aggressive in their defense of the "Microsoft" trademark. 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. 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. Had legal proceedings ensued, Robertson thought that 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.
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
and a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
Belmont high school
Belmont Secondary School
Belmont Secondary School is located in Langford, a western suburb of Victoria, British Columbia, Canada. It is one of three secondary schools in School District 62 Sooke...
student named Mike Rowe over the domain name
Domain name
A domain name is an identification string that defines a realm of administrative autonomy, authority, or control in the Internet. Domain names are formed by the rules and procedures of the Domain Name System ....
"MikeRoweSoft.com". The case received international press attention following Microsoft's perceived heavy-handed approach to a 12th grade student's part time web design
Web design
Web design is the process of planning and creating a website. Text, images, digital media and interactive elements are used by web designers to produce the page seen on the web browser...
business and the subsequent support that Rowe received from the online community. A settlement was eventually reached, with Rowe granting ownership of the domain to Microsoft in exchange for Microsoft products and training.
Background
The domain name MikeRoweSoft.com was initially registered by Canadian student Mike Rowe in August 2003. Rowe set up the site as a part time web design business, choosing the domain because he thought it would be funny to add "soft" to the end of his name. Microsoft saw the name as trademarkTrademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
infringement
Trademark infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
because of its phonetic resemblance to their trademarked corporate name and demanded that he give up the domain. After receiving a letter on January 14, 2004 from Microsoft's Canadian legal representatives Smart & Biggar
Smart & Biggar
Smart & Biggar is a Canadian law firm specializing exclusively in intellectual property and technology law. The firm has offices in Ottawa, Toronto, Montreal and Vancouver. It is related to the patent agency Fetherstonhaugh, and the two firms operate in unison through common partners, offices and...
, Rowe replied asking to be compensated for giving up the domain.
Microsoft offered to pay Rowe's out-of-pocket expenses
Out-of-pocket expenses
Out-of-pocket expenses are direct outlays of cash which may or may not be later reimbursed.In operating a vehicle, gasoline, parking fees and tolls are considered out-of-pocket expenses for the trip...
of $10, the original cost of registering the domain name. Rowe countered asking instead for $10,000, later claiming that he did this because he was "mad at" Microsoft for their initial $10 offer. Microsoft declined the offer and sent a cease and desist
Cease and desist
A cease and desist is an order or request to halt an activity and not to take it up again later or else face legal action. The recipient of the cease-and-desist may be an individual or an organization....
order 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
Cybersquatting
Cybersquatting , according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else...
.
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. 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. 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". The public showing of support that Rowe received was credited with "softening Microsoft's stance," leading to an eventual settlement.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. 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. Additionally Microsoft provided Rowe with a subscription to the Microsoft Developer Network
Microsoft Developer Network
The Microsoft Developer Network is the portion of Microsoft responsible for managing the firm's relationship with developers and testers: hardware developers interested in the operating system , developers standing on the various OS platforms, developers using the API and scripting languages of...
, an all expenses paid trip for him and his family to the Microsoft Research Tech Fest at their headquarters in Redmond, Washington
Redmond, Washington
Redmond is a city in King County, Washington, United States, located east of Seattle. The population was 54,144 at the 2010 census,up from 45,256 in 2000....
, training for Microsoft certification and an Xbox
Xbox
The Xbox is a sixth-generation video game console manufactured by Microsoft. It was released on November 15, 2001 in North America, February 22, 2002 in Japan, and March 14, 2002 in Australia and Europe and is the predecessor to the Xbox 360. It was Microsoft's first foray into the gaming console...
with a selection of games. Following an on-line poll, Rowe donated most of his legal defense fund to a children's hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
and used the remaining money for his future university education.
Further developments
After settling with Microsoft, Rowe attempted to auctionAuction
An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder...
off the documentation he had received on the on-line auction site eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
, describing it as "a piece of Internet history". 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. The auction received more than half a million page views and bidding rose to more than $200,000. The high bids turned out to be fraudulent and the auction was restricted to pre-approved bidders. After restarting from the reserve price of $500, the documents eventually sold for $1,037.
Microsoft later admitted that they may have been too aggressive in their defense of the "Microsoft" trademark. 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. This view was also espoused by ZDNet
ZDNet
ZDNet is a business technology news website published by CBS Interactive, along with TechRepublic and SmartPlanet. The brand was founded on April 1, 1991 as a general interest technology portal from Ziff Davis and evolved into an enterprise IT-focused online publication owned by CNET...
, who noted that had Microsoft knowingly ignored Rowe's site, the company would have risked losing the right to fight future trademark infringements. Had legal proceedings ensued, Robertson thought that 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.
External links
- Microsoft.com
- MikeRoweSoft.com – it now redirects to a Bing search for "mikerowesoft".
- Archive version of www.MikeRoweSoft.com