Microsoft has admitted it took things "too seriously" when its lawyers threatened a 17-year-old student called Mike Rowe over his domain name
Microsoft has admitted it may have made a mistake in threatening Mike Rowe for using his Web site, mikerowesoft.com Rowe, a student from Vancouver, registered mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an email from Microsoft"s lawyers asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10 (£5.55), which is the cost of his original registration fee. However, after the case received widespread coverage on the Internet, Microsoft has admitted it may have taken things too far and has promised to treat Rowe fairly. A Microsoft spokesperson told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case."
Under the law, Microsoft is required to take action to protect its trademark against widespread infringement. Struan Robertson, editor of legal IT Web site Out-Law.com, explained that if a trademark holder does not take action to protect its trademark whenever it is aware of a potential infringement, it risks losing that protection. Robertson gives Hoover as an example of a trademark that has become a generic word: "If you or I talk about hoovering our house, that is not an issue, but if Electrolux talks about hoovering, that is an issue," he said.