Microsoft v. MikeRoweSoft was a 2004 legal dispute between Microsoft and a Canadian Belmont High School student named Mike Rowe, who was 17, over the domain name "MikeRoweSoft.com".[1] Microsoft argued that their trademark had been infringed because of the phonetic resemblance between "Microsoft" and "MikeRoweSoft".[2]
The case received international press attention following Microsoft's perceived heavy-handed approach to a 12th grade student's part-time web design business and the subsequent support that Rowe received from the online community.[3] A settlement was eventually reached, with Rowe granting ownership of the domain to Microsoft in exchange for an Xbox and additional compensation.[4]
Since my name is Mike Rowe, I thought it would be funny to add "soft" to the end of it.
– Mike Rowe[5]
The domain name MikeRoweSoft.com was initially registered by Canadian student Mike Rowe on August 5, 2003.[1][6] Rowe set up the site as a part-time web design business, choosing the domain because of the phonetic pun by adding the word "soft" to the end of his name.[7][8] Microsoft saw the name as trademark infringement because of its phonetic resemblance to their trademarked corporate name and demanded that he give up the domain.[2][9] After receiving a letter from Microsoft's Canadian legal representatives Smart & Biggar on January 14, 2004, Rowe replied asking to be compensated for giving up the domain.[5][10]
Microsoft offered to pay Rowe's out-of-pocket expenses of $10, the original cost of registering the domain name.[11] Rowe countered asking instead for $10,000, later claiming that he did this because he was "mad at" Microsoft for their initial $10 offer.[5] Microsoft declined the offer and sent a cease and desist letter spanning 25 pages. Microsoft accused Rowe of setting up the site in order to try to force them into a large financial settlement, a practice known as cybersquatting.[1]
Rowe went to the press, creating publicity for the case and garnering support for his cause, including donations of over $6,000 and an offer of free advice from a lawyer.[5][12] At one point Rowe was forced to take down his site after it was overwhelmed by around 250,000 page views over a period of twelve hours, only managing to get the site back up after changing to a service provider with a higher capacity.[13] The case, portrayed as a David versus Goliath struggle by the media, characterized Microsoft in a negative light. The resulting bad publicity was later described as a "public-relations mess".[12][14] The public showing of support that Rowe received was credited with "softening Microsoft's stance", leading to an eventual settlement.[2]
In late January 2004, it was revealed that the two parties had come to an out-of-court settlement, with Microsoft taking control of the domain.[15] In return Microsoft agreed to pay all of the expenses that Rowe had incurred, including setting up a new site at and redirecting traffic to MikeRoweforums.com, a website now defunct.[16] Additionally, Microsoft provided Rowe with a subscription to the Microsoft Developer Network, an all-expenses-paid trip for him and his family to the Microsoft Research Tech Fest at their headquarters in Redmond, Washington, training for Microsoft certification and an Xbox with a selection of games.[11] Following an online poll, Rowe donated most of his legal defense fund to Canuck Place, a hospice for terminally ill children, and used the remaining money for his future university education.[17][18]
We take our trademark seriously, but in this case maybe a little too seriously.
– Microsoft spokesman Jim Desler[13]
After settling the dispute with Microsoft, Rowe attempted to auction off the documentation he had received on the on-line auction site eBay, describing it as "a piece of Internet history".[10] The materials included one copy of the original 25-page cease and desist letter, as well as an inch-thick WIPO book containing copies of trademarks, web pages and e-mails between him and Microsoft.[10] The auction received more than half a million page views and bidding rose to more than $200,000.[10] The high bids turned out to be fraudulent, and the auction was restricted to pre-approved bidders.[10] After restarting from the reserve price of $500, the documents eventually sold for $1,037.[19]
Microsoft later admitted that they may have been too aggressive in their defense of the "Microsoft" trademark.[16][20] Following the case, it was suggested by Struan Robertson – editor of Out-Law.com – that Microsoft had little choice but to pursue the issue once it had come to light, or they would have risked weakening their trademark.[20] This view was also espoused by ZDNet, who noted that had Microsoft knowingly ignored Rowe's site, the company would have risked losing the right to fight future trademark infringements.[21] Robertson opined that – had legal proceedings ensued – Rowe would have made a strong argument for keeping his domain, as he was using his real name and was not claiming to be affiliated with Microsoft.[20]
