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Microsoft and me (for a beautiful web)

After several years of presenting my workshop materials on behalf of other people, on the 1st of September 2008 I announced that I’d be striking out to present my content in my own series of workshop events. I called this aspect of my business For A Beautiful Web.

I chose that name because it encapsulates everything that matters to me about the web — beautiful visual design as well as the beauty I see in well-crafted code. The name also works well with the topics I speak about; accessibility (for a beautiful web), CSS (for a beautiful web), microformats (for a beautiful web) and more.

I registered the domain names forabeautifulweb.com and forabeautifulweb.co.uk on 31st July 2007 via Media Temple after researching that there were no other companies using that name or something similar. I didn’t officially register the trademark, which in hindsight might prove to have been naive. I launched the website on 1st September 2008.

Over the last three years, For A Beautiful Web has become a respected brand and is also highly identifiable as mine. @beautifulweb has 1,701 followers on Twitter and my own 10,572 followers also undoubtably associate For A Beautiful Web with me. We’ve hosted successful events in 2008, 2009, 2010 and have plans to expand further in 2011. After I presented at pilot workshops, we quickly began to host workshops presented by others. Not only have these events made good business, most importantly our attendees love them.

For A Beautiful Web has developed into a brand that houses all my training content, including a highly successful series of DVDs and online video tutorials that were published by New Riders. I’m sure that the thousands of designers and developers who have bought or downloaded those titles also identify the For A Beautiful Web brand with me.

Today I learned that Microsoft have launched a beautyoftheweb.com site to promote Internet Explorer 9. The site’s tagline asks visitors to “Get ready for a more beautiful web”. Microsoft registered their domain name on 28th July 2010 and the URL and tagline are too close to mine to be mere coincidences.

Update: Microsoft also registered abeautifulweb.com on July 13th 2010. Hat-tip to @hellogeri.

Of all the voices in my head, the nice one (I call him Bill) says that this must be either a coincidence or a lack of research by Microsoft. I’d love to believe Bill, but a Google search quickly says otherwise. No wait, this is Microsoft we’re talking about, let’s try searching on Bing.

My other, more balrmery, chair throwing voice shouts “Don't be naive Andy. Microsoft knew exactly what they were doing and have no problem screwing over the little guy. Anyone with a web connection and a few spare minutes can see that For A Beautiful Web is an already established brand, trademarked or not.”

Common sense and gut instinct tells me to do something, but what?

I don’t want an energy sapping legal battle (that I would likely lose), nor do have a legal department with billions at their disposal. What I do have is a faith in the better judgement and consciences of my many friends who work at Microsoft — I’ve been a fierce critic and an advisor right up to and including Internet Explorer 9 —. I also have a platform to tell this story.

Leave your comment

Geri

September 7 2010 @ 03:58am #

Microsoft also registered http://abeautifulweb.com which is even MORE similar to yours. Check it out.

hans Verhaegen

September 7 2010 @ 04:43am #

It is so obvious they just took your idea and vision. But don’t worry, no one with any sense of quality, refinement or good taste could ever link MS to “a beautiful web”. What a very bad joke!

simon r jones

September 7 2010 @ 04:54am #

My instinct is there’s little you can do. If you know people at MS talk to them. You may find out whether this was done on purpose, or just yet another marketing wheeze. If the latter they *may* be graceful enough to rename it all. Especially if they want to get you on side with IE9

Legally if you have a Ltd company name or a trademark I think you’d have more to go on. But as you say, not worth the hassle. MS aren’t exactly passing themselves off as your business but I agree it’s bloody cheeky

I wonder who comes up first in Google for the term “beautiful web”?

Gary Aston

September 7 2010 @ 04:56am #

Andy,

Although the names are indisputably too similar for comfort, I believe you and MS are talking to completely different audiences. At least that what I think their legal team would say ;)

From my point of view, all those who know what FABW – and you – are all about, know which side their bread is buttered. FABW will continue to stand for best practice on the web long after IE9 has been and gone.

Clive Walker

September 7 2010 @ 05:11am #

MS are using a similar domain name but that happens all over the web doesn’t it? MS have used the phrase ‘for a more beautiful web’ which is also very close to your business name but it’s not a trademarked term. I guess you can talk with MS but I don’t really see that there’s much else you can do.

Clive Walker

September 7 2010 @ 05:22am #

I forgot to add that since the phrase and domain name are similar but not the same, and because they are not trademarks, I’m not sure that you have a strong case. Perhaps someone with more legal knowledge can comment?

Paul Randall

September 7 2010 @ 05:31am #

Just to counter the argument:

http://www.principlesofbeautifulwebdesign.com/
Publish Date: February, 2007

So perhaps Jason Beaird should be having a go at you?

—-

note: there is no bias to this comment, purely an observation

Theo

September 7 2010 @ 06:06am #

Sorry to say so, but i think they only want the lean on your article about IE9 and get a little shine from FABW to introduct IE9. However, there is only Andy Clarke on forabeautifulweb.com and just as Gary Aston wrote above:
    “FABW will continue to stand for best practice on the web long after IE9 has been and gone.”

just my 2 cent

Chat Clussman

September 7 2010 @ 06:27am #

Sorry, but I have to agree with Paul (#7).

Conceptually, the FABW name just isn’t that unique.

I don’t like it when big companies go after little companies over frivolous—and I’m sorry to use that word but I’m going too—IP claims and I don’t like it much when it’s the other way around either.

And I really don’t like finding myself coming to the defense of Microsoft.

Jessica Lares

September 7 2010 @ 07:17am #

I think that you should let it go, it’s like a musician trying to argue that they should get to have google.com because they’ve had that stagename since the 1970’s, maybe a bad example, but it probably happens all the time with lots of domains.

I can’t stand people who think just because they register a domain means that they should be paid to have a company use it, or are entitled to sue anyone who uses a similar name. The Internet is HUGE, most people are not going to accidentally stumble upon this website looking for Microsoft’s campaign, actually, you’re the one to blame if they do because you just hijacked the search results. Now they have something against you.

Just enjoy the free advertising and get on with your life, it’ll be all over once the next version of IE is out.

Ryan Miglavs

September 7 2010 @ 07:39am #

In the US at least (sorry, not sure about UK laws), a brand is considered automatically trademarked, even if it isn’t registered. The sticky part is then you have to prove that you’ve been using it as a trademark, and using it before the offender, and all the other trademark legal bickering.

Microsoft being based in the US, and our two noble nations having trademark agreements, might be legally held to whichever nation’s trademark laws are more stringent.

That said, getting in a legal fight with an 8,000lb gorilla can’t be too appealing.

It might be worth inquiring with an attorney/solicitor. Good luck!

Andy Clarke

September 7 2010 @ 08:29am #

Thanks folks. I’m already talking to Microsoft and I’m confident that we can all get this resolved.

James Lewis

September 7 2010 @ 08:35am #

I’ve never seen Microsoft doing anything ‘for a beautiful web’ yet, can’t see them starting now.

Andy Clarke

September 7 2010 @ 08:47am #

@James Lewis and others:

I didn’t intend this post to be in any way the start of any criticism of the people I know who are working very hard there. I am privy to their launch plans for Internet Explorer 9 and they are amazingly imaginative. I only wish I had the time to accept their kind invitation to the launch event.

Martin Doubravsky

September 9 2010 @ 08:22am #

I guess it’s kind of honor you. What I can see on that website is Microsoft simply says:
“IE9. Dedicated to @Malarkey”
=)

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