Microsoft Corporation Sues Mother for "Anti Chat Programme"

By a Staff Reporter

That's what a closely guarded circulation from Unicaresoft Corporation, read this morning. To avoid misquoting the official word, here's a verbatim copy:

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HOOFDDORP, The Netherlands: Microsoft's lawsuit against Unicaresoft BV is scheduled to take place on 23 April. Unicaresoft is a joint initiative of Carola Eppink, developers and entrepreneurs. Carola, mother of three, designed a solution against excessive chatting and Internet use from her home and wanted to name the product MSNLOCK.

The name derived from the idea behind the software - regulating the use of various chat programmes. Carola thought MSNLOCK to be an appropriate name for a product that provides a solution for such a large-scale social problem.

Shortly after registering the brand and domain name, Microsoft Corporation demanded through their lawyers that the name was withdrawn and the domain name deregistered.

Carola sought legal help, turning to lawyer Marc de Boer of Boekx Advocaten. His standpoint is that the use of the name MSNLOCK is not illegal. "The name simply clarifies the intention of the product. What's more, MSN messaging has become a generic term for chatting."

Faced with the threat of a lawsuit, Unicaresoft relinquished the product name MSNLOCK. Unicaresoft did approach Microsoft to discuss the matter and to explain the positive effects of the developed product on the use and perception of chat programmes. However, Microsoft declined and summoned Unicaresoft to also transfer all claimed Internet domain names and the name MSNLOCK to Microsoft.

Carola comments: "I always assumed that MSN stood for Messenger. It says so literally in the Van Dale dictionary, I quote: MSN messaging is sending messages through a messenger."

Carola believes the case is not so much about the brand or domain name as it is about the product she developed. In fact, there are numerous examples of domain names that feature the abbreviation MSN in combination with other words. Considering the popularity of Windows Live Messenger and the income it generates through MSN-related advertising revenue, it seems that a product aimed at providing a solution for a large-scale social problem is being prevented from coming onto the market.

In the past few years, Microsoft has made quite a lot of court room appearances in Europe. Last February, the company was issued to pay the European Commission EUR 899 million for misusing their monopoly position to bar other companies from the market.

Meanwhile, Unicaresoft has marketed its product under the brand name Benzoy (R), which is now available in stores. Gerard Ghazarian, on behalf of Unicaresoft, says: "Benzoy (R) meets the needs of a large number of parents who want to stop their children from spending an excessive amount of time on the Internet or chatting. Parents do not want MSN to be banned or to spy on their children. Instead, research has shown that they would like online computer use and other activities to be well balanced."

The preliminary injunction proceedings will take place on Wednesday, 23 April 2008 at 14:00 in The Hague.

For more information on Unicaresoft Corporation, please see one of the following links.
http://www.unicaresoft.com/, http://www.benzoy.com

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The India Street Verdict:

To quote Unicaresoft Corporation - "Carola, mother of three, designed a solution against excessive chatting and Internet use from her home and wanted to name the product MSNLOCK. The name derived from the idea behind the software - regulating the use of various chat programmes."

Even a lousy net novice would declare at first read, that the Product's name has more to do with restricting MSN or MSN related products and services, rather that Unicaresoft Corporation's intended explanation i.e. regulating the use of various chat programmes. Moreover by citing "Carola, mother of three", the Co. in question is caught off guard, trying to strike an emotional quotient from readers.

"Carola believes the case is not so much about the brand or domain name as it is about the product she developed. In fact, there are numerous examples of domain names that feature the abbreviation MSN in combination with other words. Considering the popularity of Windows Live Messenger and the income it generates through MSN-related advertising revenue, it seems that a product aimed at providing a solution for a large-scale social problem is being prevented from coming onto the market."

The India Street is uncertain as to what Yahoo or even GTalk has to opine on this front; they'd be off minding their own businesses. After all it's MSNLOCK and not YAHOOLOCK or GTALKLOCK, what say?

Either way Out

Since - "Faced with the threat of a lawsuit, Unicaresoft relinquished the product name MSNLOCK" - It's obvious that Microsoft Corporation is almost on way to win it's claim over the said brand/domain name.

So all you developers and entrepreneurs out there who refer to the "Van Dale dictionary", and think that "MSN messaging is sending messages through a messenger" need to find a much appropriate definition, if not, a very precise one.