[awb]

Check this out: https://secureyourtrademark.com/can-you-trademark/common-wor...

Apple got a trademark because it’s not used to trademark fruit, it’s used to trademark technology.

Same here, “Surface” isn’t being used to describe a physical surface, it’s being used in both cases to describe technology that facilitates collaboration, creativity, productivity, etc.

Imagine this out of context: “Log into Surface and enhance your creativity by collaborating live with others on your team through brainstorming, organizing and improving workflows.”

In pretty detailed terms you could describe both the Microsoft Surface and the Clover Surface products. Even if one is a physical product and the other digital, it’s very confusing.

I don’t think Microsoft trademarked it, but it’s still a little too close for my comfort as well as like you said there’s no telling what the Microsoft lawyers will argue if motivated enough.

[spoonjim]

That’s why I think that Microsoft could make it a painful experience but in general, both products do describe surfaces. The hardware is a physical surface and Clover has a virtual surface.