Tech Firm Sues Microsoft Over Bing Name Infringement

Microsoft is being sued by a small tech firm for using a part of its name, Bing! Information Design, as the moniker for its new search engine. Bing! Information Design says it's been using the name for almost ten years, far longer than the seven-month-old Bing search engine.

St. Louis-based Bing! Information Design filed the lawsuit on Wednesday in its home city. The company claims that Microsoft's search engine violates its trademark on the word 'Bing'. Bing! Information Design says it has had rights to that name since 2000.

Specifically, the suit alleges Microsoft is guilty of "trademark infringement, unfair competition and tortious interference with business expectancy." (Source: arstechnica.com)

Bing Grabs Hold of Search Market

Microsoft's Bing search engine launched in May of 2009, and has received mostly good reviews ever since.

By late September it had already eaten up almost 9 per cent of the total search market -- remarkable growth for a brand new engine. It's almost certain that Bing! Information Design will argue that part of that growth is due to the search engine's simple and very catchy name.

Bing! Information Design is not Bing Search

Bing! Information Design is an "Internet-related company" that produces interactive designs, graphics, animations and diagrams. Bing! Information Design claims Microsoft's use of the word confuses consumers, some of whom might think the company is associated with Microsoft.

In a statement, Bing! Information Design's legal counsel Anthony Smith had this to say: "My client selected this unique mark to distinguish itself in the marketplace and invested substantial time and effort promoting its business using Bing!. Microsoft's use of the identical mark and its aggressive advertising have gutted all of my client's efforts to distinguish its business and created confusion that must be remedied." (Source: Internetnews.com)

Microsoft Dismisses Claims

For its part, Microsoft doesn't believe small-time online graphics design companies have much to do with search engines and today shot back, "We do not believe there is any confusion in the marketplace with regard to the complainant's offerings and Microsoft's Bing."

The case is bringing back plenty of memories from 2004, when Microsoft and Linux vendor Lindows became involved in a similar suit. Back then, the software giant ended up paying Lindows $20 million to simply change its name.