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Xpedior forced to change name

OUT-LAW News, 28/07/2000

An agreement has been reached between e-business consultants Xpedior and Microsoft spin-off Expedia that settles their trade mark dispute, causing Xpedior to change its name.

The arrangement provides that Xpedior will be obliged to pay Expedia substantial penalties if it does not adopt a new name by the end of 2001, although the final deadline for the change has been set for 2003.

Xpedior maintains that it will implement the name change in the near future but will not let this affect its long-term business plans. Although it will require changes in the company’s marketing strategy, the company does not believe it will not affect it adversely.

The World Intellectual Property Organisation (WIPO) has ruled against an individual, Tarek Ahmed, who was fighting to retain the domain name Micorsof.com. The WIPO panel has ordered that the name should be transferred to Microsoft on the grounds that Ahmed registered it in bad faith.

The details of the case indicate that Ahmed’s use of the name was very likely to cause confusion to internet users. The WIPO panel heard how the web site exhibited Microsoft products and offered a variety of software and hardware.

These facts led them to the conclusion that the Microsof.com domain name and site were confusingly similar to the Microsoft trademark and ought to be transferred to Microsoft.

 

 

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