• Design Firm Sues Microsoft Bing

    Design Firm Sues Microsoft Bing

    Techtree News Staff, Dec 21, 2009 1821 hrs IST

    For alleged trademark infringement

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If you can recollect, Microsoft had codenamed Bing decision search engine as Kumo before it got branded as Bing. And now, a small time design firm Bing! Information Design has sued software giant Microsoft for using the name "Bing" without their permission. Based in St. Louis, the design firm alleged Microsoft for "trademark infringement, unfair competition, and tortious interference with business expectancy."

Bing! Design firm further stated that they've been using the name since 2000 and involved in computer related graphics, illustrations,  animations, and allied services. As per the The Simon Law firm, the plaintiff (Bing! Information Design firm) alleges that the name causes confusion with regards to the relationship between the plaintiff and the defendant, confuses the public with regard to the origin of the plaintiff's services and dilutes the value of the plaintiff's trademark.

Now this is pretty interesting since the lawsuit was filed after 6 months of Bing's launch in May 2009 and as the Bing search engine website doesn't even closely resemble to Bing! Design site. And about using the name Bing!, that could be debatable in the court.

But this doesn't end here as  the design firm seeks 'actual and punitive' damages from Microsoft. A Microsoft spokesperson told Ars Technica, "We believe this suit to be without merit and we do not believe there is any confusion in the marketplace with regard to the complainant's offerings and Microsoft's Bing."

Of course, Microsoft will have something to defend themselves and thereby respond judicially. 

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Discussion Board
(4) Comments
Tim
,my city, on Dec 21, 2009 10:24 PM
Another petty lawsuit! Wonderful! Perhaps, not only should Bing Crosby's family go after Bing but Chandler Bing and Monty Python for Bing Tiddle Tiddle Bong or their hospital sketch which clearly came out years before either Bing!
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BING
,Bing Town, on Dec 21, 2009 08:26 PM
If no one knew the Design company they will now. Bet they are getting a ton of traffic now.
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Smitty
,Tucson, on Dec 21, 2009 08:14 PM
Give me a break. This is just another case of someone trying to get rich quick by going after Microsoft. Maybe the family of the late Bing Crosby should sue Bing! Information Design for stealing the name of their father.
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BoloMKXXVIII
,Tampa, on Dec 21, 2009 07:47 PM
I guess Microsoft should have searched for "Bing" before using the name for their search engine. If they did, I guess their search engine isn't very effective.
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