SAN FRANCISCO, USA: Bing, the much-touted search engine from Microsoft, is feeling the heat of a trademark controversy, as a small US design firm is suing the software giant on the grounds of its prior claim to the name 'Bing'.

In its suit, filed in a circuit court in the state of Missouri, Bing! Information Design (BID) accused Microsoft of trademark infringement, unfair competition, and “tortious interference with business expectancy”.

According to Tony Simon, the attorney representing Bing!, the design company has been using the name Bing! for the past 10 years. Since Microsoft began marketing its new search engine, Simon said Bing!'s clients are now confused about whether they are part of Microsoft.

“My client selected this unique mark to distinguish itself in the marketplace and invested substantial time and effort promoting its business using Bing!. Microsoft's use of the identical mark and its aggressive advertising have gutted all of my client's efforts to distinguish its business and created confusion that must be remedied,”
Simon said in a statement.

Meanwhile, an AFP report quoted Microsoft as saying that it had yet to see a copy of the lawsuit but that the argument is specious. “We have not been served with a complaint, but are aware of the suit based on media reports," said Microsoft spokesman Kevin Kutz.

“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,” Kutz said in a statement.
©CyberMedia News