AfterDawn: News

Microsoft sued over 'Bing' name

Bing! Information Designs LLC., a small computer-based design firm in the midwest, has sued Microsoft today over the name Bing, the name Microsoft chose to relaunch their popular search engine as.

Bing! alleges trademark infringement as well as unfair competition, claiming "Microsoft's use of the name dilutes the value of it and confuses the public about the companies' relationship to each other." The design company has used the name since 2000 and has pending application for registration of the mark.



The design company is looking for "actual and punitive damages including having Microsoft pay for corrective advertising to remedy the confusion it caused." The actual monetary amount was not disclosed.

Microsoft did not seem too bothered by the complaint, with spokesman Kevin Kutz adding: "We do not believe there is any confusion in the marketplace [between the search engine and the design firm]."

Bing currently owns around 10 percent of the search engine market, a far cry from Google's 65 percent share.

Written by: Andre Yoskowitz @ 20 Dec 2009 12:58

• Previous article

• Fancast Xfinity TV launches

• Next article

• Nook orders may come later than Christmas, B&N offers gift cards

• 26 comments

• beanos66

  how long before MS buy Bing! Information Designs LLC ?
  
  my guess 3 weeks after they lose the first round

  20.12.2009 15:39 #1

• Mysttic

  They ain't going to buy that small company, it isn't worth it they have no case. The minute they said the trademark is "Pending" decision, they had no case. The trademark is not agreed that it is the design's for keep, so they have no case. MS will just laugh this off as the judge rules in their favor once more, and legitimately so.

  20.12.2009 18:05 #2

• Thomas61

  Bing! Information Designs certainly has a case even without a licensed trademark because they have been using that name for 9 years. The Lanham Act clearly states that it is to apply for both registered and non-registered trademarks.
  
  However, the small co. could still lose if it is decided they aren't well-known.

  20.12.2009 19:52 #3

• xnonsuchx

  Originally posted by Thomas61: Bing! Information Designs certainly has a case even without a licensed trademark because they have been using that name for 9 years. The Lanham Act clearly states that it is to apply for both registered and non-registered trademarks.
  
  However, the small co. could still lose if it is decided they aren't well-known.It also depends on if they only do business in one state or multiple states/regions.

  20.12.2009 23:28 #4

• F4ntastic

  i hope Bing! Information Designs LLC eats M$ for lunch and spits out a big turd! hahahaha M$oft you have stolen yet again, this time caught!!

  21.12.2009 00:33 #5

• Mysttic

  I'll admit I don't know much about American law, but I will say that they still have no case, as for starters I couldn't even find a website of their company and Bing for MS Search Engine is pretty apparent... MS should just win this alone that there is no way in hell people can honestly say they are confused between the two companies; especially when the vast majority wouldn't even know who these people are.
  
  Furthermore; after investigating further knowing where they are located from other news articles, they don't even have a phone # associated with their business. In Fact the only two companies that even have a # associated with them are :
  
  Bing Lau Chop Suey
  Not Rated Not Rated | Write a Review
  3101 N Grand Boulevard, St Louis, MO 63107 zip code
  
  and
  
  Bing & Nagle Auto & Truck Repair
  Not Rated Not Rated | Write a Review
  3008 Pestalozzi Street, Saint Louis, MO 63118 zip code
  
  
  Neither of these being a "Design" company.... These guys are obviously frauds

  21.12.2009 08:29 #6

• DVDBack23

  Originally posted by Mysttic: I'll admit I don't know much about American law, but I will say that they still have no case, as for starters I couldn't even find a website of their company and Bing for MS Search Engine is pretty apparent... MS should just win this alone that there is no way in hell people can honestly say they are confused between the two companies; especially when the vast majority wouldn't even know who these people are.Exactly, some little scam company trying to make a cheap buck. I'm surprised Microsoft didn't laugh at this one, settle for $10k and save the attorney fees.

  21.12.2009 09:19 #7

• Tristan_2

  Originally posted by Mysttic: I'll admit I don't know much about American law, but I will say that they still have no case, as for starters I couldn't even find a website of their company and Bing for MS Search Engine is pretty apparent... MS should just win this alone that there is no way in hell people can honestly say they are confused between the two companies; especially when the vast majority wouldn't even know who these people are.
  
  Furthermore; after investigating further knowing where they are located from other news articles, they don't even have a phone # associated with their business. In Fact the only two companies that even have a # associated with them are :
  
  Bing Lau Chop Suey
  Not Rated Not Rated | Write a Review
  3101 N Grand Boulevard, St Louis, MO 63107 zip code
  
  and
  
  Bing & Nagle Auto & Truck Repair
  Not Rated Not Rated | Write a Review
  3008 Pestalozzi Street, Saint Louis, MO 63118 zip code
  
  
  Neither of these being a "Design" company.... These guys are obviously fraudsGood eye my friend, I even had my suspicions on this, I never heard of this company before eve I smelled fraud written all over this.

  21.12.2009 12:48 #8

• xnonsuchx

  Originally posted by Mysttic: I couldn't even find a website of their companyPerhaps you were using Bing! to do that search??? ;-)
  
  http://www.bing.biz
  
  ...found in <30 secs. via Google.

  21.12.2009 13:39 #9

• xnmalletx

  actually in Bing, it was the first result and in Google it was the fifth result. They still don't have a case, I've never heard of em.

  21.12.2009 15:24 #10

• xnonsuchx

  Originally posted by xnmalletx: actually in Bing, it was the first result and in Google it was the fifth result. They still don't have a case, I've never heard of em.Hmmm...it was #2 on Google when I found it. Someone apparently didn't try looking very hard for it, though. :-)

  21.12.2009 16:03 #11

• cyprusrom

  Microsoft might not be seen as the nicest company, but these Bing! guys are just some leeches. They are in for some crumbs from M$, or free publicity.
  In a normal world, not the one where you get sued by someone that tries to rob you and gets hurt in your house because is a clumsy fu@!ktard, and wins, the Bing! dudes would send a Christmas card to Billy saying thanks for choosing their name and making their company more popular.
  How many people heard of their super design business before the publicity with Microsoft?...Apparently not many, and none that frequent these forums.

  21.12.2009 16:07 #12

• aldan

  unless they are a limited company or a corporation they are sh*t out of luck.

  21.12.2009 21:26 #13

• KillerBug

  "claiming "Microsoft's use of the name dilutes the value of it"
  
  I can see where that would be a problem...would you want microsoft to name a product after you? Of course not!
  
  It is like you are a charity worker who's last name happens to be Hitler, and it is 1938!

  22.12.2009 02:57 #14

• cyprusrom

  Originally posted by KillerBug: "claiming "Microsoft's use of the name dilutes the value of it"
  
  I can see where that would be a problem...would you want microsoft to name a product after you? Of course not!
  
  It is like you are a charity worker who's last name happens to be Hitler, and it is 1938!
  ...I couldn't read the sarcasm between he lines)))...Hitler? Charity worker? Tinker Bell?

  22.12.2009 03:06 #15

• KillerBug

  Quote:Originally posted by KillerBug: "claiming "Microsoft's use of the name dilutes the value of it"
  
  I can see where that would be a problem...would you want microsoft to name a product after you? Of course not!
  
  It is like you are a charity worker who's last name happens to be Hitler, and it is 1938!
  ...I couldn't read the sarcasm between he lines)))...Hitler? Charity worker? Tinker Bell?It is double spaced, so you can add your own sarcasm between the lines...but seriously, I would rather have an atomic waist dump named after me than a microsoft product.

  22.12.2009 05:48 #16

• cyprusrom

  If I capitalize from that atomic waste named after me, by all means...
  
  "It dilutes the value of it...", ohh, please,please let us be spared of all this BS, the only value they know is $$$, and it's a win/win for the Bing! dudes, with all the publicity they are getting now.
  The evil, satanic Microsoft-maybe they should get some shaman priest or something and "de-demonize", the evil Windows machines they have at home...

  22.12.2009 09:44 #17

• borhan9

  This is petty i dont see any links between the companies even me and i am not a big fan of Microsoft however i do use there products. This is one thing i would say let sleeping dogs lie.
  
  Good to see Google still way ahead of bing. Seeing how bings website looks like googles just with a different name.
  lol

  22.12.2009 21:05 #18

• KillerBug

  Originally posted by borhan9: This is petty i dont see any links between the companies even me and i am not a big fan of Microsoft however i do use there products. This is one thing i would say let sleeping dogs lie.
  
  Good to see Google still way ahead of bing. Seeing how bings website looks like googles just with a different name.
  lolIf it worked equaly well to google, then bing would probably have a majority share by now with all the tricks they have used to lure people there...as it is, they are around 10%, and google is starting to come back.

  22.12.2009 22:58 #19

• xnonsuchx

  Originally posted by borhan9: This is petty i dont see any links between the companies even me and i am not a big fan of Microsoft however i do use there products. This is one thing i would say let sleeping dogs lie.
  
  Good to see Google still way ahead of bing. Seeing how bings website looks like googles just with a different name.
  lolYeah...globally, Bing is only in the 3-4% area (about 1/2 of Yahoo! and even behind a somewhat unfamiliar one called Baidu) and all M$'s millions of dollars of marketing (and paying people to use the site) are barely doing anything. They always have a "If you market the hell out of it, they will come." attitude until it's WAY obvious it's not working...like Zune.

  22.12.2009 23:51 #20

• iz0nlee

  seeems to me in USA its all on who is the judge. Harking back a while to the wwf case if anybody could tell me they were confused about whether it was world wildlife fund or world wrestling federation they were looking at then I'd have to say there was something sadly lacking in them, I don't think too many people were accidentaly sending donations to the wrestling fed. Yet the wildlife won and wrestling had to change their name?????
  crazy world

  25.12.2009 16:51 #21

• fb2000

  The company who is suing is just taking advantage of how rich Bill Gates is and just trying to get some money out of him.

  25.12.2009 23:08 #22

• Bozobub

  Before you condemn the smaller company as a bunch of simple "leeches", you should ponder a fact that a NAME SEARCH is de rigeur for naming any new company or product. If MS didn't do this on purpose, they are simply guilty of not doing what any company is required to do, and if they DID do so on purpose, well, it's no different. MS should smack around their corporate lawyers for this one.
  
  Sic 'em, little Bing! lol

  26.12.2009 08:49 #23

• ScrewBot

  Breaking News:
  Monty Python to sue Microsoft for stealing the name of their "machine that goes *bing*"

  7.1.2010 17:15 #24

• scum101

  Quote:Hospital Administrator: Ah, I see you have the machine that goes ping. This is my favorite. You see we lease it back from the company we sold it to and that way it comes under the monthly current budget and not the capital account.
  (Everyone in the room applauds)
  Hospital Administrator: Thank you, thank you. no chance.. ping not bing lol ;)
  
  It's a stupid name anyway.. why not call a search engine "find fkin stuff on that thar interwebs thing" or "look" .. or something equally retarded like that..
  
  Bing.. makes me think of some dead crooner from the 40's and 50's .. and I'm sure his family have a case to sue for something too.
  

  Yes, we give you 100% free, no strings attached email! Just send us your address and we will send you as much free email as you could ever wish for

  7.1.2010 17:47 #25

• ispy

  M$ will be claiming royalties on old Bing Crosby tracks next!
  

  
  Dell4500 P4 2.4 ,1Gb RAM,2x120GB HD,80GB Ext HD,XP SP1, 1x Pioneer 109, 2x 110D flashed to 110 ,Ritek G05-R,s,TY's, AnyDVD,Nero,Shrink,2nd comp Asus Pundit P4 2.8 1Gb RAM programs as Dell,and 2 IBM T60 laptops

  7.1.2010 18:31 #26