On The Insider: Jessica Alba Donates after Controversy
BNET Business Network:
BNET
TechRepublic
ZDNet

By Jo Best
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.


Get Up to Speed on...
Open source
Get the latest headlines and
company-specific news in our
expanded GUTS section.


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.

SponsoredWhite Papers, Webcasts, and Downloads

  • 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: a Guest | | Terms of Use
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?

SmartPlanet

advertisement
Click Here