Microsoft sues 3 men, charging infringement

When is a Web site like windowshome.info not a Microsoft Web site?

When it's a site operated by three people, including two Utahns, designed to trick people into thinking it's a Microsoft site. So says Washington-based Microsoft Corp. in a lawsuit filed Monday in U.S. District Court in Salt Lake City.

The suit says that Jason Cox of Albuquerque, Daniel Goggins of Provo and John Jonas of Springville, as individuals and also doing business as Jonas and Goggins Studios LLC and Newtonarch LLC, infringed Microsoft's trade and service marks by registering Internet domain names identical to or confusingly similar to Microsoft's trademarks and service marks.

The suit lists 324 such domain names that Microsoft charges infringe on its Age of Empires, Halo, Hotmail, Microsoft, MSN, Windows, Windows XP, Xbox and Xbox Live marks. The list includes 1microsoft67.info, 1halo2home.info, 1microsoftexcel37.info, 1msn59.info, 1windowsxp36.info, 1xbox52.info, ageofempiressite.info, halo2player.com, halo2online.info and windowshome.info.

"When a person looking for a Microsoft Web site lands on one of the defendants' Web sites, that person may click on one of the advertisements or hyperlinks on the site either because the person finds it easier to click on the advertisement or hyperlink than to continue searching for the Microsoft site, or because the person mistakenly believes Microsoft has authorized or endorsed the advertisements or hyperlinks," the suit states. "In either case, the person has been diverted from the Microsoft Web site he or she was seeking to visit, and Microsoft has lost that opportunity to interact with that person."

The suit says the defendants were paid for visitor clicks on the ads or hyperlinks and may also profit from the sale of the domain names.

The suit charges the defendants were involved in "cybersquatting," trademark infringement, false designation of origin, unfair competition/false advertising and unfair business practices.

It seeks an injunction against their using Microsoft trade names, trademarks or service marks in connection with any software or other computer product or services; infringing on the Microsoft marks; and registering any domain names identical or confusingly similar to Microsoft's marks. It also wants the court to order the forfeiture or cancellation of the allegedly infringing domain names or transfer them to Microsoft. It also seeks monetary damages of an unspecified amount.

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E-mail: bwallace@desnews.com

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