MICROSOFT LOSES COURTROOM BATTLE OVER WINDOWS TRADEMARK
MICROSOFT LOSES COURTROOM BATTLE OVER WINDOWS TRADEMARK
San Diego Company Can Continue to Use Lindows.com and LindowsOS for Their Upcoming Operating System SAN DIEGO -- March 18, 2002 -- In a strongly-worded ruling, a Seattle court has denied a request by the Microsoft Corporation to block a San Diego software company from branding themselves as Lindows.com and their Linux-based operating system, which will run popular Windows-based programs, as LindowsOS.
"We're obviously satisfied with the courts ruling. Our hope is that we can move beyond the courtroom and focus on our goal of bringing choice back to the PC business. Microsoft constantly appeals for the 'right to innovate.' I hope they will allow us to roll out our innovative operating system, which will cost a third of Microsoft's products, without further impedance," says Lindows.com Chief Executive Officer, Michael Robertson. "We've shown we can defend ourselves against a much larger corporation and we'll continue to battle in a trial if necessary."
In a written ruling handed down late Friday, the court denied Microsoft Corporation's (NASDAQ: MSFT) request for a preliminary injunction to prevent Lindows.com from using the terms "LindowsOS" and "Lindows.com."
Judge John C. Coughenour found that Microsoft had not shown that Lindows.com should be prevented from using the names Lindows.com and LindowsOS as part of their business, stating that, "Microsoft has raised serious questions about the validity of its trademark [Windows]."
Microsoft's claim to "Windows" doubted
Microsoft's claim to "Windows" doubted
By Lisa M. Bowman
Staff Writer, CNET News.com
March 18, 2002, 10:45 AM PT
Microsoft suffered a minor legal setback Friday when a federal judge questioned the software giant's claim on the word "Windows."
In December, Microsoft sued operating-system maker Lindows.com, claiming the 6-month-old company was illegally taking advantage of its Windows trademark and potentially confusing customers.
However, in a preliminary ruling issued late Friday, U.S. District Judge John Coughenour said the suit raised "serious questions" about whether the word "Windows" is entitled to trademark protection.
"Although Lindows.com certainly made a conscious decision to play with fire by choosing a product and company name that differs by only one letter from the world's leading computer software program," Coughenour wrote, "one could just as easily conclude that in 1983 Microsoft made an equally risky decision to name its product after a term commonly used in the trade to indicate the windowing capability of a GUI (graphical user interface)."
The judge also refused Microsoft's request to immediately shut down the Lindows site and stop the smaller company from using the word "Lindows." Instead, those issues may be decided at trial.
San Diego-based Lindows.com, which is headed by former MP3.com CEO Michael Robertson, is developing a Linux-based operating system that runs Windows-based programs.
"We're obviously satisfied with the court's ruling," Robertson said in a statement. "Our hope is that we can move beyond the courtroom and focus on our goal of bringing choice back to the PC business."
Microsoft said it would continue to defend what it called "one of the most recognizable brands in the world."
"We are disappointed with the ruling, but we intend to pursue our claim in order to protect the Windows trademark," Microsoft spokesman Jon Murchinson said.
Mutta kerro minulle automerkki/malli, jossa samat 'bugit' ovat olleet jo vuosia ja siirtyneet versiosta toiseen?
...(ja miksi tämä (excel) taulukko ei ajattele niin kuin minä)...