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MrMario
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There are those who believe that Microsoft came up with the name Bing for its refreshed search engine after staring at the word "Bingo" for several days and then removing the last letter.

However, a small entity in St. Louis has decided that the name Bing was, is and always should be, theirs.

According to Ars Technica, Bing Information Design! has designs on some compensation from Microsoft, as it has used the delightful term, followed by a slightly less delightful exclamation point, ala Yahoo, since 2000.

Even to the most bleary eyes, Bing Information Design's Web site does not immediately stir confusion with Bing the search engine. Bing Information Design is "dedicated to taking tough, hard-to-define concepts and boiling them down into simple, easy-to-understand ideas."

So perhaps there might be those who would prefer a few pictures that would engender easy-to-understand ideas that might explain one thing: how could anyone confuse a massively promoted search engine from Microsoft with a minimally known company whose two founders "have over 25 years of experience in design, illustration, branding, information architecture and publishing"?



Bing Information Design's lawsuit says that Microsoft's Bing "causes confusion with regard 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."

The lawsuit also suggests that Microsoft knew of the St. Louis Bing and that therefore Bing deserves "actual and punitive damages, including having Microsoft pay for corrective advertising to remedy the confusion it caused."

I am sure that many an ad agency would leap at the opportunity to create a campaign that says "Bing. The Decision Engine Decisively Not from St. Louis. And Decisively Lacking an Exclamation Point."

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."

It will be interesting to see what proof of marketplace confusion Bing Information Design's lawyers might offer. Has there truly been consternation in Missouri? Have people walked into Bing Information Design's offices expecting to find Steve Ballmer chewing on some ideas?

It will be also interesting to hear whose fine decision it was to put that lovely exclamation point after the Bing in the St. Louis company's name.

One should always have sympathy with the small fish in the big sea. But is this a slightly gratuitous attempt by Bing Information Design to gain a little cha-ching? One awaits the full evidence with an exclamation point in one's heart.

Information Found => Here




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Post on Mon Dec 21, 2009 1:41 am by CodyCFS

woah.. They are in alot of trouble...

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Post on Mon Dec 21, 2009 2:15 am by MrMario

You got to remember Microsoft always getting sued for something. Last time they made a big deal over the new Office 2007 for using xml codding. They are still here after that. The program will stay but I won't be surprised if the name changes.

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Post on Mon Dec 21, 2009 10:51 am by Placehold

Great post,

In my eyes, Its their own fault for copyrighting 'Bing!' instead of 'Bing'

Gotta watch what symbols you use in your name.... lol

Reading on from one of my favorite quotes

'Good artists copy, great artists steal' - Pablo Picasso

These guys really never stood a chance lmao

Regards







Craig

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Post on Mon Dec 21, 2009 10:51 am by JaloRobot

The member 'Placehold' has done the following action : That post was ...

'Cool stuff - thanks' :

Result :

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Post on Mon Dec 21, 2009 2:29 pm by Jalokim

I never liked the name bing.

I prefered the old MSN / mircosoft search.

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Post on Mon Dec 21, 2009 4:04 pm by karkooshy

guess its hard to think of an untaken, easy to remember, short name.. >.<

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Post on Tue Dec 22, 2009 4:28 am by RecAgenda

So wait, does this set precedent for me to sue "Fry's" (the computer store) because I already owned the company "Fry's Fatt'ning Chicken Outlet"?

In all seriousness, I think is funny as hell! Of course, Bing!-whatever, and their 20 some-odd years of "experience", won't see a penny. Bill and his silicon giant probably have poker tournaments with the judges every-so-often to catch up on old times. Wink

I didn't check the original article yet (and probably never will), but does it say how much Bing! 1 is suing Bing! 2 for?

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