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Author Topic: Do HP and MS have rights to name Media Center?  (Read 986 times)

RandyP

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Do HP and MS have rights to name Media Center?
« on: April 02, 2003, 04:36:11 pm »

Just a heads up... I was using Windows Update with XP and found this:

Quote
Q810243 Update: Watch television shows recorded by Media Center PCs on other Microsoft Windows XP PCs
Download size: 587 KB, 2 minutes
This supplement is an update to Microsoft® Windows® XP Service Pack 1 (SP1). Users who want to play Media Center PC digital recording files (.dvr-ms) in any other Windows XP SP1 system should download this update. You must use a player that supports DirectShow® and have a Windows XP compatible DVD decoder installed. Windows Media® Player Series 9 is an example of a DirectShow player that can support .dvr-ms files with this download. Read more...

A web search found that HP produces a PC named the Media Center PC:

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The new Microsoft Windows XP Media Center Edition will allow the HP Media Center PC user to enjoy digital entertainment -- including live television, personal video recording, digital music, digital video, DVDs and pictures -- in an easy-to-use, remote-controlled interface similar to the simple, point-and-choose menu screens found on today's DVD movies. Intended to be used with a PC monitor, the HP Media Center PC also will be able to connect to a TV for a large-screen viewing experience.

It is referred to as Media Center:

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Digital photos, videos and music will be able to be viewed and shared easily with the new Windows Media Center Edition interface. When saving these types of digital files to the PC, Windows automatically prompts the user to save the content into one of the default "My Pictures," "My Music" or "My Videos" folders. The Media Center interface will then automatically retrieve and display the saved photos, video images and music information directly out of these folders. All users have to do is point the remote to choose the file they want to view or listen to, without having to access the traditional multiple PC file menus.

Additional information is available at http://www.hp.com/go/mediacenterpc.

Quoted from HP press release: http://www.hp.com/hpinfo/newsroom/press/03sep02b.htm
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nila

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Re: Do HP and MS have rights to name Media Center?
« Reply #1 on: April 02, 2003, 10:03:33 pm »

:)
Someone already mentioned this and Jim pointed out that their product is called: JRiver Media Center and that this name is fine.
I agree though, it's AWFULLY close :)
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JimH

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Re: Do HP and MS have rights to name Media Center?
« Reply #2 on: April 03, 2003, 05:33:30 am »

My guess is that "Media Center" will become a product category, like "Player" or "Jukebox".  As Nila said, our product name is "JRiver Media Center".
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Harry_The_Hipster

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Re: Do HP and MS have rights to name Media Center?
« Reply #3 on: April 03, 2003, 05:53:33 am »

Well, this isn't my specialty, and it certainly isn't legal advice, so take it with a grain of salt (and not to the bank).

You can't appropriate plain English terms for exclusive use until you've employed them long enough to specifically identify them with your product.  'Media Center' is purely descriptive and not fictititious, and I doubt that either MS or HP have used it long enought to cloak it with secondary meaning. Under the statute, 5 years use is required to create a presumption of secondary meaning.

Might be more of a Lanham Act concern (unfair competition and commercial confusion) but I think JimH's response - distinguishing it by adding the JRiver moniker - takes care of that.

However, it is not unknown for some folks to use economic muscle to make their point, no matter how shaky their legal position....

HTH
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nila

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Re: Do HP and MS have rights to name Media Center?
« Reply #4 on: April 03, 2003, 06:32:50 am »

Yeah,
that's the only thing I'd HATE to see.
MS could use it as an excuse to take you guys to court looking at a lawsuit as a chance to financially cripple their competition.
Bill gates is ruthless, thats how he got hold of MS in the first place. He has no problems using underhand means to win. I'd hate to see long lawsuits distracting u guys from what your best at.
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