Microsoft Bing Sued by Bing LLC

**ruben** · 22 December, 2009, 21:06 PM

It seems Microsoft bing got sued by Bing LLC a small design company based in St Louis, Mo, USA.

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.

I hope Bing LLC wins the dispute

**5starpix** · 23 December, 2009, 00:49 AM

I think Microsoft will win, but I don't want them too

**Snak3** · 23 December, 2009, 01:57 AM

Now that's something we don't hear everyday. LOL

Thanks for sharing. A link would be appreciated so we can read a bit more

**ruben** · 23 December, 2009, 02:25 AM

Originally Posted by Snak3

Now that's something we don't hear everyday. LOL

Thanks for sharing. A link would be appreciated so we can read a bit more

http://www.afterdawn.com/news/archive/20948.cfm
http://www.crn.com/software/222002816;jsessionid=4TXQFT0B1IVZLQE1GHPSKH4ATMY32 JVN
http://techie-buzz.com/tech-news/microsoft-bing-sued-by-bing-llc.html
http://blog.ineedhits.com/search-news/microsoft-getting-sued-over-bing-name-20517065.html

**Aquarezz** · 23 December, 2009, 11:01 AM

Microsoft might just pay 0,01% of their earnings from one month and I guess the designing company will be happy enough

**Snak3** · 23 December, 2009, 13:48 PM

Originally Posted by ruben

http://www.afterdawn.com/news/archive/20948.cfm
http://www.crn.com/software/222002816;jsessionid=4TXQFT0B1IVZLQE1GHPSKH4ATMY32 JVN
http://techie-buzz.com/tech-news/microsoft-bing-sued-by-bing-llc.html
http://blog.ineedhits.com/search-news/microsoft-getting-sued-over-bing-name-20517065.html

woot..!! That's more than i expected, thanks for sharing

**TopDogger** · 23 December, 2009, 23:31 PM

Microsoft will easily win this one.

1. Bing! Information Design does not currently have a trademark on the name Bing. They claim they have filed for one, but Microsoft will win on the basis of prior use before the trademark was granted--and the trademark might not be granted at all. If they filed for the trademark AFTER Microsoft introduced Bing, it is a slam-dunk for Microsoft.

2. A trademark technically only covers one industry unless it creates confusion in the eyes of the consumer with competing companies. A search engine business is different than a web design business and they do not compete in any way. I don't think they can be confused.

100 companies can use the same name and each can have a Trademark, as long as the name does not create confusion in the market place and the companies are in different industries.

They claim that they have been using the name since 2000. While that may be true, they cannot claim prior use to protect a trademark that they did not own the rights to. IMHO, there is no merit to their claim and it will be dismissed. I think they are just hoping that Microsoft will toss some money at them to make the issue go away.

I am quite surprised that Microsoft did not trademark the name, but I remember back in the late 1990s when Microsoft forgot to renew the registration on the Microsoft.com domain. Doh!