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A small design firm from St Louis, Missouri, is set to take on Microsoft in a legal battle, accusing the technology giants of taking its name for its search engine.

Bing! Information Design launched the case in a local court claiming it has used the trademark “Bing!” – yes, with the exclamation mark – since 2000 and Microsoft’s use of the name is damaging its brand.

The filing for the court case said: “[It causes] confusion with regard to the relationship between the plaintiff and the defendant, confuses the public with regard to the origin of the plaintiff's services and dilutes the value of the plaintiff's trademark."

As well as seeking damages, which could amount to millions of dollars, the design company wants Microsoft to “pay for corrective advertising to remedy the confusion it caused."

The David in this Goliath battle may face a tough battle as although Bing! Information Design claims to have used the name for nearly ten years, it only filed for the trademark back in May – two days before the search engine was officially launched.

Microsoft on the other hand filed for the trademark in March to cover all its endeavours under the name.

Neither companies responded to request for comment on the case at the time of publication.