It has emerged that software giant Microsoft may have to delay the
release of its new Xbox games console due to a trademark dispute
with a small Florida software company called Xbox Technologies.
Xbox Technologies claims that it alone has the right to exploit
the Xbox brand and is prepared to go to court to defend the name.
Microsoft filed its first claim to use the Xbox name with the U.S.
Patent and Trademark Office (USPTO) on 18th October 1999 but Xbox
Technologies had already filed their first claim with the USPTO on
10th March 1999.
Since filing its first claim to the name, Microsoft has filed an
additional nine claims, the most recent on 19 September 2000.
Meanwhile, Xbox Technologies and its subsidiaries have filed an
additional 45 claims, 38 of which were filed in May 2000.
Of the filings by Xbox Technologies, 22 relate to variations on
the Xbox name, including “Xbox Technologies” and “Xbox
E-solutions.” One of Xbox Technologies more recent, somewhat all
encompassing filings, related to;
‘Providing information in the fields of entertainment,
hospitality, travel, music or movies or sports over global computer
networks, global computer networks, global communications networks,
wireless devices, telephone and desk-top computers.’
Xbox Technologies Chairman and Chief Executive Officer, John van
Leeuwen stated that it would be very confusing to have 2 companies
with the same name and that,
"…there’s no way we can co-exist… We can’t
afford to have our business confused with games for kids. Either we
find a business solution or we get into a legal battle."
Mr. Leeuwen also commented that, "Microsoft is spending a lot of
money promoting it and I think [the Xbox name] is as valuable to
them as it is to us. If they want us to part with it, its up to
them to determine how much they think it’s worth."
A spokesman for Microsoft said the company was confident they
would prevail in the name dispute. Microsoft can officially oppose
Xbox technologies but this could take years to resolve.
Alternatively, they could choose to release the Xbox console while
the dispute is unresolved, but this may leave them open to an
application from Xbox Technologies for an injunction that would
temporarily prevent the machine's release.
Microsoft is due to release the Xbox this Autumn with a $500
million publicity campaign. The Xbox and Nintendo’s anticipated
Gamecube console (also to be released later this year) will be the
main competitors against Sony’s PlayStation 2 which was released
last year. Any delay to the Xbox release would be embarrassing for
Microsoft which has recruited more than 150 software developers to
produce games for the console.
