Using the verb ‘MSN-ing’ as a synonym for sending messages through an instant messenger will no longer be allowed by the Microsoft Corporation.
One day before the lawsuit against Carola Eppink (Unicaresoft), Microsoft Corporation requested the Dutch dictionary ‘Van Dale’ remove the verb ‘msn-ing’ from the latest edition.
The marketing machine Microsoft Corporation has succeeded in making MSN a generic term. In common slang ‘msn-ing’ became a synonym for sending messages through an Instant Messenger. Microsoft are now demanding the removal of this verb from the ‘Van Dale’ in order to stop the term MSN from being used by other companies as a brand name.
It hasn’t been easy for Microsoft during this lawsuit. When Microsoft was confronted with existing msn domain names such as; msncam.com, msntest.com, msn-beta.com and 62 others they tried to convince the judge that they were not familiar with this list. The judge was astonished with this statement and pointed out that Microsoft should ‘Google’ more.
Unicaresoft confidently pleaded the necessity of registering the domain name MSNLOCK to be able to appropriately inform parents about their solution for the excessive use of Chat and Internet among children. According to Dutch legislation this is only permitted by means of ‘referring to trademark’ and in cases when there are no other alternative possibilities.
Gerard Ghazarian from Unicaresoft comments: “How can we consider an alternative name for our product when 90% of internet chat takes place through MSN?”
According to Carola Eppink this defense of Microsoft confirms her belief that this lawsuit is not particularly about the registration of a domain name, but more about her product Benzoy. With Benzoy parents easily can regulate the use of MSN and other chat programs. Carola says: “This lawsuit will not have a positive effect on the advertisement income of Windows Live Messenger and handing over the domain MSNLOCK will strongly decrease the possibility of reaching the concerned parents who are searching for the solution.”
Nevertheless it seems to be that the judge has a difficult task. On the 7th of May the judge will pronounce the sentence regarding MSNLOCK.