Mike Rowe (student)
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Mike Rowe is a Canadian university student, notable for being the defendant in a lawsuit filed by Microsoft over the domain name "MikeRoweSoft.com". A settlement was agreed, with Rowe granting ownership of the domain in return for training and gifts from Microsoft.[1]
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[edit] Microsoft vs MikeRoweSoft
[edit] Trademark Infringement
MikeRoweSoft.com was initially registered by Mike Rowe in August 2003. The name chosen because of the phonetic similarity to Microsoft, while still being a bona fide use of his own name. However, Microsoft saw the domain name as trademark infringement and in January 2004 requested that Rowe hand over the domain name. He was "amazed and appalled" at this, and replied back stating his intention not to hand over the domain name.
Microsoft replied back, offering to pay his out-of-pocket expenses in return for the domain name. However, this came out at only $10, insulting Rowe. He responded, asking instead for $10,000. However, in doing this, he unwittingly fulfilled one of the criteria for proving a bad faith domain registration as set out in the Uniform Domain-Name Dispute-Resolution Policy; namely, that as Rowe had offered to sell the domain name to the company for profit, it was considered evidence that he had no right or legitimate interest in the domain name. Microsoft declined the offer, and later that month sent a cease and desist order spanning 25 pages, arguing that Rowe had always intended to sell the domain name for profit - thus appearing to be cybersquatting - and insisting that the ownership of the domain was transferred to them.
When Rowe received the order, he went to the press, spreading publicity for the case, and causing Microsoft to rethink their strategy. They admitted that they may have taken the case "too seriously", and recognized his creativity in the domain name. However, in the interest of protecting their trademark, Microsoft stated they were "in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law."
[edit] Settlement
Later that month, the two parties reached an out of court settlement - in return for transferring ownership of the domain to Microsoft, Rowe would have his expenses paid, help moving to a new site MikeRoweForums.com, a subscription to MSDN, an Xbox, training for Microsoft certification, and an all-expenses-paid trip to the Microsoft Research TechFest for him and his parents.[1] The legal documents from Microsoft's lawyers were later sold on eBay for over $1300.00. [2] In January 2006, his site at MikeRoweSoft.com moved to M R Studios.net.
