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Microsoft Starts Legal Fight Over Lindows Name
actappan writes: "Whether or not Lindows is real, this article on CNET News.com indicates that Microsoft intends to sue them into oblivion. Looks like supression remains the best way to promote innovation." cyberlawyer adds: "Some of you may remember that MS originally had great difficulty obtaining a trademark for the generic term 'Windows' but was eventually able to pay off those who had filed letters of protest to the granting of the mark including Sun, Oracle, and Borland. As a trademark lawyer I (unhappily) have to admit that Lindows probably has a weak case. Of course it's never too late to bring a cancellation action based on genericide ;-)" CodeWheeney contributes a link to coverage at Yahoo, too.
I guess we're going to have to change the name of those holes that are full of glass in our walls, else we be sued by Microsoft.
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
I've seen a lot of "IANAL"s discussing issues like this, but, for once, IAAL. (maybe IAAAL? I am actually a lawyer ;).
Anyways, Microsoft's claim is entirely legitimate. 'Lindows' is in the same "industry" as 'Windows', and is intentionally abusing the popularity of Windows for its own benefit.
This is the same as coming up with an electronics company called Panasoanic -- there is the potential for legitimate consumer confusion.
I know it's unpopular to side with Microsoft on something, but for once they're in the right here.
As a copyright/trademark lawyer, I'm hoping the courts make the right decision and force Lindows into a name change.
- Dave Brennins
http://www.davebrenninslaw.org
dave@davebrenninslaw.org
A lot of companies market things as Windows. The things on the side of my house are "windows". My car also has "Windows". What about drive-thru "windows".
Lindows could say that they only share 4 letters, because the other 3 come from Linux.
I should have trademarked "I" as a company name. Then I could sue over the ipaq, etc. Is this stupid or what!!!
Since M$FT has the $$$ they will probably win. Hopefully Liberty Alliance, POSIX compatible operating systems, etc. take over and we don't have to worry about M$FT's shit!
Maybe the XFL should sue MSFT over the X-Box name....
I want my rights back. I was actually using them when our government stole them after 9/11.
I guess my 'subtle' commented didn't get noticed. This guy, who's username is "gayrod" has a post at +5 simply because he claimed to be a lawyer and inserted a fake URL in his sig.
I mean, I know slashdot mods can be stupid, but this is just unreal.
autopr0n is like, down and stuff.