14 DAY TRIAL // When it killed its plain vanilla search engine and unveiled the new decision engine earlier this year, Microsoft also buried the Live Search brand, swapping it for the “sound of found” Bing. As a brand, Live Search failed to add any value to the company’s search engine, and the hope is that Bing will grow in popularity and evolve to match Google as the underlying search technology also evolve to be on par with what the Mountain View-based search giant has to offer. However, the company’s new search/decision engine branding strategy has its downsides for Microsoft, including a lawsuit from a company that was already making use of the Bing moniker.
Bing! Information Design, a small company in St. Louis, has sued Microsoft, alleging that the Redmond giant is guilty of trademark infringement and unfair competition. Bing! Information Design is, of course, upset over Microsoft's use of the Bing brand for its search/decision engine, as well as for additional technologies related to the properties that were once a part of Live Search, including Virtual Earth, Cashback, etc.
The Bing! Information Design LLC v. Microsoft Corporation (cause no. 0922-AC18341) lawsuit was filed on December 16, 2009, in the Circuit Court of the City of St. Louis. The design firm indicates that it has made use of the Bing! Brand starting at the turn of the century, and that it has even made the necessary steps to have the mark registered. Microsoft has only used Bing since mid-2009, after it killed Live Search. Bing! Information Design indicated that it was looking to have Microsoft pay actual and punitive damages. If it loses the lawsuit brought against it, Microsoft will also have to cough up money for the advertising necessary to resolve the branding confusion generated by its use of Bing.
"We have not been served with a complaint, but are aware of the suit based on media reports," a Microsoft spokesman said in a statement sent to SeattlePI. "We believe this suit to be without merit and we do not believe there is any confusion in the marketplace with regard to the complainant's offerings and Microsoft's Bing. We respect trademarks and other people's intellectual property, and look forward to the next steps in the judicial process."