losing "Windows"?

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
Date: Wed, 11 Feb 2004 12:37:29 -0500 (EST)
From: sob () harvard edu (Scott Bradner)
Subject: losing "Windows"?
To: dave () farber net


http://news.com.com/2100-7344_3-5157260.html?tag=nefd_top

Lindows wins one against Microsoft


By <mailto:editorial () silicon com?subject=FEEDBACK:Lindows wins one against 
Microsoft>Jo Best
Special to CNET News.com
<http://news.com.com//2100-7344_3-5157260.html?tag=prntfr>http://news.com.com/2100-7344-5157260.html 


Story last modified February 11, 2004, 8:36 AM PST

The legal battle with Microsoft that has seen Linux reseller Lindows 
running the gauntlet of the U.S. courts over trademark infringement seems 
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 wrangling in the 
<http://news.com.com//2100-7344-5151087.html?tag=nl>Netherlands and 
<http://news.com.com//2110-7344-5120228.html?tag=nl>Sweden.

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The U.S. District Court in Seattle ruled Wednesday that the Microsoft 
trademark "windows" was too generic--and that because it had been in use 
before the company's Windows operating system came into being, no 
outpouring of Redmond, Wash., marketing bucks could alter that.




The "generic" nature of the word windows led the judge to come down on the 
side of Lindows, allowing the company to continue using its company name 
until a final ruling is made in the case.

The open-source company still faces more legal hurdles. The judge postponed 
the current March 1 trial date, itself a delayed start, to an unspecified 
time, pending an appeal from Microsoft.

Microsoft was not immediately available for comment on the decision.

Daniel Harris, Lindow's 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 <http://www.silicon.com/>London.

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