Redmond was worsted in ‘Microsoft’ Aussie pillow fight
Featherweight beat The Beast
An Australian pillow manufacturer has been selling products using its "exclusive new non allergenic and thoroughly hygienic Polyester Fibre 'Microsoft'" for some years now, and successfully rebuffed a legal challenge from The Mighty Redmond in 1997, the Sydney Morning Herald reveals exquisitely.
Purax Feather Holdings lodged a trademark application in 1991, and this was granted in July 1995. Microsoft, the parvenu, also holds an Australian trademark, but one in the class covering computers and computer software. Trademark-wise this is conceivably OK, because nobody could possibly confuse a large shapeless object stuffed with impact-deadening material with a pillow.
Microsoft Corporation nevertheless mounted an assault, and the Herald's report of the judge's ruling against the company in 1997 suggests to us that things have changed, and that it might now be worth another shot. "The opponent," he said, "does not appear to have have any reputation for padding, stuffing and filling materials, as at the date of the present mark's application."
Well it sure as hell does now - duck feathers, horsefeathers, do you reckon they're that different? Microsoft Corporation's much-enhanced reputation for padding, stuffing and filling during subsequent years might well prove a problem for Purax Feather Holdings, considering it should maybe have been defending its trademark. We reckon Purax should call its lawyers before it's too late. ®
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