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By Jo Best, News.com
Posted on ZDNet News: Feb 11, 2004 6:07:00 PM

The legal battle with Microsoft that has seen Linux reseller Lindows running a gantlet of courts over trademark infringement seems, for the moment, to be going in the open-source company's favor.

The naming spat has been running since 2001 and has seen Lindows lose out in similar wranglings in the Netherlands and Sweden.


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The U.S. District Court in Seattle ruled Wednesday that the jury in the case should "consider whether the Windows mark was generic" before Windows 1.0 entered the marketplace in 1985. It also said that even if the "primary significance" of the term is not generic today--that is, has been displaced by the proprietary use--the trademark is not necessarily valid.

The upshot is that the open-source company can continue using its name for now, but legal hurdles remain. The judge postponed the current March 1 trial date, itself a delayed start, to an unspecified time, pending an appeal from Microsoft.

Microsoft has held that only present-day use of "windows" should be considered by the court to assess the current validity of the trademark. Company spokeswoman Stacy Drake said Microsoft would promptly pursue the appeals opportunity. "We're very encouraged the judge has granted our request to ask the Court of Appeals to provide guidance and clarity on this issue," she said.

Daniel Harris, Lindows' lead trial counsel, said in a statement that the win was a major blow to Microsoft. "The court's ruling confirms that a company, no matter how much money it spends, cannot buy a word out of the English language. These repeated filings by Microsoft are just another attempt to deplete our resources by dragging these legal proceedings on for as long as possible."

Microsoft, which hopes to ban the company from using its Windows-spoofing name, has had some court rulings go in its favor. For example, the Benelux injunction forced Lindows to stop selling or advertising its products, cancel all outstanding orders and stop users in the Netherlands, Luxembourg and Belgium from accessing its site.

Silicon.com's Jo Best reported from London. CNET News.com's David Becker contributed to this report.

  • Talkback
  • Most Recent of 74 Talkback(s)
when "ms windows"
was coined, it wasn't an operating system either. did ms repply to have a new trademark made for windows as an OS in 95? cause it definatly wasnt' an OS before then...... (Read the rest)
Posted by: ryusen Posted on: 02/12/04 You are currently: Logged In | Log out
Too funny OhMyGosh   | 02/11/04
My fasha can't open his lindow Arrg   | 02/11/04
what do you call a window that pops up on linux JWatson77   | 02/11/04
a window... but why? Iko_z   | 02/12/04
Windows ITGuy04   | 02/11/04
Yes, you are exactly right, Windows is generic. DonnieBoy   | 02/11/04
not entirely true LightningShrike   | 02/11/04
Not entirely true either BruceWheelock@...   | 02/11/04
but.. neil ubich   | 02/11/04
This question has already been settled. Immanuel Tranz-Mischen   | 02/11/04
Correction Immanuel Tranz-Mischen   | 02/11/04
Never heard of The X Window System? (NT) dscherf   | 02/12/04
Wrong question. jfrankcarr   | 02/11/04
personally, ryusen   | 02/11/04
correct neil ubich   | 02/11/04
re: Windows dwest_z   | 02/11/04
Microsoft would do well to admit Windows is generic and go on with life. DonnieBoy   | 02/11/04
it is not about the trademark JWatson77   | 02/11/04
Yes, true, but Michael has lots of money from selling MP3 DonnieBoy   | 02/12/04
agreed neil ubich   | 02/11/04
Let's be realistic here. Immanuel Tranz-Mischen   | 02/11/04
Right. heatlesssun   | 02/11/04
Still, completely legal to take advantage of others mistakes. DonnieBoy   | 02/11/04
Couldn't they just... tic swayback   | 02/11/04
yeah neil ubich   | 02/11/04
Nope OhMyGosh   | 02/11/04
Actually, they were pretty clear IT_User   | 02/11/04
Lindoors would have got them in trouble too voska   | 02/11/04
Why lindows? Jack-Booted EULA   | 02/11/04
eish! stephen732@...   | 02/11/04
Why Lindows mavedrive   | 02/11/04
not possible to prove LightningShrike   | 02/11/04
One thing though bhanes@...   | 02/11/04
Right!! no wrong nite_w0lf   | 02/12/04
Curiouser and Curiouser vferrara   | 02/11/04
Not conflicting, really IT_User   | 02/11/04
In the meantime... vferrara   | 02/11/04
Yep, 'windows' is just another commonly used generic FilledOut   | 02/11/04
well, not really... jstead1   | 02/11/04
The K? IT_User   | 02/11/04
"Khule" (cool) Desktop Environment - most of the developers are German DanIelWalker_z   | 02/12/04
And if they're pronouncable IT_User   | 02/12/04
Hmm, probably "pronounceable" IT_User   | 02/12/04
Actually.... Torgam   | 02/11/04
the "K" ryusen   | 02/11/04
New product announcements d_jedi   | 02/11/04
Confuse customers? IT_User   | 02/11/04
Microsoft is guilt of the same thing agramont@...   | 02/11/04
Microsoft is.. speedy1415   | 02/12/04
Well, they certainly wanted to give the impression is was similar. DonnieBoy   | 02/11/04
Correct me if I'm wrong.. d_jedi   | 02/12/04
Can't correct, will comment... IT_User   | 02/12/04
Re: Can't correct, will comment... d_jedi   | 02/12/04
What's the d for? zd-spam   | 02/11/04
huh? d_jedi   | 02/12/04
when "ms windows" ryusen   | 02/12/04
What? neil ubich   | 02/11/04
But.. d_jedi   | 02/12/04
poor poor pitiful M$ beafeater   | 02/11/04
Just for the record Louisiana oilman   | 02/11/04
and JWatson77   | 02/11/04
Yes and No Letophoro   | 02/11/04
Trademarked words FirstNLastN   | 02/11/04
In GB it is an articulated spanner MarcB_z   | 02/11/04
and neil ubich   | 02/11/04
Well, MIT could probably lay claim to "X WINDOWS System", from about 1982 DanIelWalker_z   | 02/12/04
Similar to INTEL/AMD issues from years ago mrlinux   | 02/11/04
Is anyone paying attention? BruceWheelock@...   | 02/11/04
Re: Windows saidge   | 02/11/04
Generic term specific to industry drichards1953   | 02/11/04
Which is why trademarks have to be protected.... quietLee   | 02/12/04
A blatant waste of our time and money. slyski@...   | 02/11/04
Possible new name strategy rlodge@...   | 02/11/04
Microsoft's arrogance jdtiede@...   | 02/12/04

What do you think?

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