# The lawyers will clean up on this one

**URL:** <https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [September 25, 2004, 10:45pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083 "2004-09-25T22:45:21Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\
**Post date:** [September 25, 2004, 10:45pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/1 "2004-09-25T22:45:21Z")

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Google ‘longhorn’, and the fifth result (after Microsoft et al) is the [Longhorn Steakhouse](http://www.longhornsteakhouse.com/splash.asp). How long will that last for?

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**Author:** ![Glory](https://avatars.discourse-cdn.com/v4/letter/g/7cd45c/32.png) [@Glory](https://boards.straightdope.com/u/Glory)\
**Post date:** [September 25, 2004, 10:55pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/2 "2004-09-25T22:55:11Z")

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?

Not sure I understand the question, Longhorn is not the product name (like Windows XP) it is just the internal code name for the product while it’s in development (like Whistler was the internal name for Windows XP).

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**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [September 25, 2004, 10:55pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/3 "2004-09-25T22:55:26Z")

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I take it that “Longhorn” is the name of some new computer thing?

You’re suggesting that the word “longhorn” being used by both the restaurant and the computer people will lead to some sort of trademark infringement, if I’m gleaning your jib-thrust correctly. I doubt there will be any issue. First, the restaurant was probably using it first. Second, it’s unlikely that anyone seeking a steakhouse is going to be confused into thinking that a computer company is selling steaks, or that the steakhouse is selling computers. Third, different companies can under certain circumstances use the same trademark. See for example Trump’s attemt to trademark “you’re fired.” There is a pottery store in the midwest by that name. Should Trump get the trademark, the store owner will be uder no obligation to change the name of her store and she, as a regional markholder, will still be able to use the phrase in relation to her store.

IANAL etc.

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**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\
**Post date:** [September 25, 2004, 10:56pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/4 "2004-09-25T22:56:22Z")

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That chain has been around for some time. At least as long as Windows.

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**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [September 25, 2004, 10:56pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/5 "2004-09-25T22:56:54Z")

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And in Googling I find that there appear to be multiple pottery stores called “You’re Fired” and Trump’s trademark application has been rejected.

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**Author:** ![iampunha](https://avatars.discourse-cdn.com/v4/letter/i/74df32/32.png) [@iampunha](https://boards.straightdope.com/u/iampunha)\
**Post date:** [September 25, 2004, 10:57pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/6 "2004-09-25T22:57:32Z")

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Here I was thinking the Texas college football team was all a-tizzy over this.

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**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\
**Post date:** [September 25, 2004, 10:57pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/7 "2004-09-25T22:57:49Z")

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> [@Otto](#):
>
> I take it that “Longhorn” is the name of some new computer thing?

Longhorn is the M$ working name for the next Windows version.

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**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\
**Post date:** [September 25, 2004, 10:59pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/8 "2004-09-25T22:59:22Z")

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I think they’ve been around a LOT longer than Windows. I think I remember one when I was a kid in the 70’s.

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**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\
**Post date:** [September 25, 2004, 11:04pm UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/9 "2004-09-25T23:04:13Z")

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OK, ok, ok, ok. So maybe Microsoft will get sued.  
We can only hope.

(And sure, it’s an “internal codename” - but they’ve made damn sure it’s a well-known brand before spending a penny on advertising.)

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**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [September 26, 2004, 12:25am UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/10 "2004-09-26T00:25:59Z")

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> [@Mr. Blue Sky](#):
>
> Longhorn is the M$ working name for the next Windows version.

I don’t do Windoze.

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [September 26, 2004, 2:07am UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/11 "2004-09-26T02:07:22Z")

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Right. And it sure was a bitch when Microsoft forced ‘Chicago’ to change it’s name several years ago…

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**Author:** ![Oat1957](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Oat1957](https://boards.straightdope.com/u/Oat1957)\
**Post date:** [September 26, 2004, 2:24am UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/12 "2004-09-26T02:24:04Z")

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> [@Revtim](#):
>
> I think they’ve been around a LOT longer than Windows. I think I remember one when I was a kid in the 70’s.

They have.

There used to be one not too far from where I lived long before M$ even existed and several are still in state.

[LongHorn Steakhouse](http://www.longhornsteakhouse.com/locator/stateResults.asp?Abbreviation=MD)

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**Author:** ![rackensack](https://avatars.discourse-cdn.com/v4/letter/r/e5b9ba/32.png) [@rackensack](https://boards.straightdope.com/u/rackensack)\
**Post date:** [September 26, 2004, 4:52am UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/13 "2004-09-26T04:52:30Z")

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LongHorn Steakhouses were founded here in Atlanta in 1981 by George McKerrow, Ron San Martin, and some other guy whose name escapes me at the moment (my wife is acquainted with the San Martins through having taught their kids in elementary school in the late 80s/early 90s). It’s a pretty well established brand.

And while Microsoft has generally made lots of information publicly available about major technology initiatives, including their internal code names, they generally have not continued to use the pre-release code names once the products are released. So I don’t think MS has any long-term interest in “Longhorn” as a brand identity. Though no doubt they’d find a way to pounce on anyone who decided to release another operating system and call it “Longhorn”.

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**Author:** ![danceswithcats](https://avatars.discourse-cdn.com/v4/letter/d/9e8a1a/32.png) [@danceswithcats](https://boards.straightdope.com/u/danceswithcats)\
**Post date:** [September 26, 2004, 5:46am UTC](https://boards.straightdope.com/t/the-lawyers-will-clean-up-on-this-one/266083/14 "2004-09-26T05:46:06Z")

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Longhorn cheese predates the steakhouse chain. So Bill Gates would have to sue the cows?
