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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.
Looks like supression remains the best way to promote innovation.
:)
<tongue-in-cheek>
There's nothing quite as innovative as an operating system with the sole goal of reimplementing APIs from other operating systems until it can run their binaries.
</tongue-in-cheek>
How about Windex?
Oh, wait...damn...
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
It's software that combines Linux and Windows without violating any trademark or copyright--although I bet Microsoft will sue at some point.
Guess they were right!
I say that we fight Microsoft by refering to all OS's as 'Windows.'
Hopefully this will cause Microsoft to lose the trademark name 'Windows' because it will become generic from over usage.
-cibrPLUR
I think the Lindows people /knew/ from the beginning
that MS would spend /their money/ to give the
Lindows a little industry spotlight ;-) Kudos guys.
What f*ing box!?!?
Maybe they should call it 'L'. People can then informally call it the L-windows system but in court they can just turn round and say "no yer honour, it's called L, not L-windows, we can't control what everyone else calls it".
-- SIGFPE
The name is not "Windows" but "Lindows" which gives the impression that it's not Windows but somehow connected to Windows.
That's exactly the point behind the legislation, and I'll have to grudgingly agree with Microsoft on this thing. "Windows" is such a ubiquitous name, and "Lindows" is so phonetically close, that the only thing the Lindows people could be doing with a name like that is riding on their coattails, so to speak. (Whether or not they meant to is not an issue.) This lawsuit is exactly what trademark law is for.
Another issue is that Microsoft doesn't want the tech support calls for Lindows (and you know it would happen). Yet another is that people would automatically associate Windows with Lindows, and that's not something Microsoft wants either. Trademark law is also meant to protect against these two problems.
Whether or not "Windows" is a strong enough mark is a completely different issue. They've got the trademark, and, by law, they can protect it.
I got my Linux laptop at System76.
it is not the final determiner in court. Even a well known mark may become a generic term. For instance, Bayer lost the mark to "asprin." "Kleenex" became a generic term. Microsoft can show their trademark registeration form until they are blow in the face, but, to their disadvantage, the more widely used the term becomes, the more likely Microsoft will lose the mark.
Microsoft dug their own hole right off the bat. A good test: "What is [it] called?" If the mark is [it] then it is likely to become a generic term. Trademark attorneys have done a great job applying this test by combining additional terms to a potentially generic mark. For instance, perhaps Apple wanted to call their notebooks, "Books." Instead, they merely attached the "i" and the mark became unique.
Windows? Wthelse are these things to be called? That's generic. And Microsoft has lost any unique attributes to the mark.
"There ought to be limits to freedom"
Of course we know that Lindows is not officially connected with Microsoft ... but remember, 99.9% of the public (and even most IT majors, according to that article from a couple days back) thinks that Linux is made by a company of the same name. Most people outside the Linux community would be confused into thinking that Lindows is either:
a) Microsoft's version of Linux
b) Linux for Microsoft Windows
c) Microsoft Windows for Linux
or some other permutation thereof that implies an official connection with/endorsement by Microsoft.
Cheers,
IT
Power corrupts. PowerPoint corrupts absolutely.
Second, this isn't about copyrights. It's about trademarks. And if someone pops up in your market with an extremely similar name and a product that aims to subsume the functionality of yours, it is not unreasonable to consider that an infringement of your trademark.
You're splitting some pretty fine hairs if you consider these products to be in different markets.. they're both operating systems for x86 computers, and the entire point of Lindows is to offer the same functionality (and then some) of Windows.
Sorry, but MS is in the right on this one.
No, this is more analagous to you opening up a fast-food hamburger chain called "McRonald's" with a clown named Donald McRonald for a mascot and a big golden "R" as your logo.
"indows" constitutes nearly every letter and sound in "[WL]indows", and the product is ridiculously similar by intent.
BETHLEHEM (AP): The Christian Lord and Saviour, Jesus Christ, announced plans to sue Microsoft for using the name "XP" for its new operating system.
"The monogram of My Name, formed of the two first letters when written in Greek, "X" and "P" [Chi and Rho], has been in use for well over a thousand years in numerous countries. I am therefore insisting that Microsoft cease using "XP" on its products, as that is tantamount to Taking My Name In Vain."
Added Christ, "I mean it. Don't make me come down there..."
I'm a bloodsucking fiend! Look at my outfit!
this article on CNET News.com indicates that Microsoft intends to sue them into oblivion.
Umm, no...
Fucking slashdot editors... I'm through. I contribute to slashdot no more. This is my last post.
ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
They should change the name to "Bill Gates is a big fat idiot presents: Lindows" so that people won't get confused. You know, just to be sure.
:))
No really, maybe not that, but I think that this lawsuit is the best kind of publicity they could possibly get. They should capitalize on it by changing the name to something subtle that jabs at microsoft but still makes clear what it does. If only Sun was behind it- they could call it "Sunroof".
Howzabout "windshield"? "Glass Joe" (Include MAME with punchout standard
Wait, I've got it. "MirrorGlass" Have a picture of a mirror on the box, with the reflection of a window tinted with microsoft colors in the background, and a penguin waving in. How cute is that?
Mr. Robertson, this idea is mine but you may take it and run with it. Hell, I'll sign papers and even let you take it proprietary. I'd love to see that image on a shelf and have some clerk at Compusa have to explain what it means to a customer. "Well, that's tux the penguin, and he's looking through some windows at you, but they're not *microsoft* windows, because microsoft sued the company, so they're just regular old windows. Well, not really since Windows(TM) is a registered trademark of Microsoft. But anyway, it runs programs built for windows, even though it's not Windows(TM)"
microsoftword.mp3 - it doesn't care that they're not words...
Conducting additional research on how Microsoft's mark for "Windows" may be generic, I ran across a list of "Trademarks That Have Become Generic." The list includes terms "held by the Trademark Office or a court to be incapable of serving as trademarks for the goods and services they named because they had become, in the minds of consumers, generic terms for those products or services."
So, the test would not be whether Microsoft or a particular judge considers that a mark is a generic term, but if the mark becomes a generic term in the minds of consumers. Perhaps a party could present evidence such as surveys or the online and published usage of a term in a generic sense as a means to describe the thing?
"There ought to be limits to freedom"
allright then I hereby apply for the folloing *indows variants; /bin are belong...
...hrm...
Aintdows - no this is clearly not m$
Bindows - all your
Dindows - gungas client
Eindows - scary physics edition
Findows - Sharks gotta have an OS too
Gindows - Shaken, stirred...
Hindows - new religious sect
Jindows - straight up moonshine version 1.0
Kindows - the deep south hillbilly OS
Lindows - err.. oops thats taken
Mindows - Ho Chi's apple based abicus
Nindows - Trent Reznor enhanced edition
Oindows - complete with matzah balls
Pindows - an OS so simple your PHB could use
Qindows - soo bloated you need five beowulf clusters just to boot
Rimdows - the ass lickers edition
Sindows - the ultimate pr0n OS(aka Pr0ndows)
Tindows - the only os without a shrinkrap
Unindows - what you really want to rm -rf
Vindows - aint this one taken too?
W.. ahh f them
Xindows
Yindows - Fengshue cosmic edition
Zindows - a narcoleptic edition (formerly known as Win95)
yuk yuk...
Prospecting Stinks. Stop Wasting Time on Cold Calling.
How about calling it "Defenestration"?
Nah, too subtle.
--LP
Calling a windowed operating system "Windows" is like naming an automobile "Wheels." It's a generic descriptor, and managing to enforce it as a trademark suggests underhanded legal tactics (in particular scare tactics) against small challengers and generous settlements against large challengers. Either that, or clueless judges, or both.
Remember MS's defense over the Internet Explorer trademark suit? "Internet Explorer" is too general and vague to be a trademark. "Windows" is just the same. Ditto for "Office," "Word," "Access," "Visual BASIC," and any number of similar names used by MS (I have no idea which ones they claim as trademarks by themselves). You seem to be completely ignoring this aspect.
Now, if they were making something that sounded confusingly like "Microsoft Windows," MS would have an airtight case. However, MS should never have had a hope of holding "Windows" alone as a trademark, and that they do is a serious failure of the legal process.
Now, as a lawyer, you are certainly better qualified than I am to predict failures of the legal process; in some areas, I'm sure that common failures are more imporant than the letter of the law. I can't argue with you if you claim that MS will win this, but it is absurd for you to claim that they should win, that a court upholding their exclusive right within the industry to use a standard industry term as a name for the most visible component of their system would be fair and proper.
There should be no problem with having "IBM Windows," "Sun Windows," etc. let alone "Lindows."
Now, this last bit has nothing to do with current law, to the best of my knowledge, but I remember hearing a principle of trademarks that I really wish was law: all linguistic trademarks should consist of a proper noun followed by a descriptive term. Nobody should ever own marketing catchphrases, fictional character names, or descriptive terms as trademarks by themselves. (I don't recall the source)
Quotes from "Running other OSes" thread:
? Real easy, and legal too. Again, note that with Wine, you can run a ton of Windows software _without_ a licensed copy of Windows.
:^)
>>But with VMWare you have to buy/own a Windows
>>license, which kind of nullifies the price
>>advantage.
>Use Wine [winehq.com] then.
I'm betting that's exactly what Lindows is. A friend and I were discussing Wine's license recently, specifically wrt the percieved lack of contributions from Transgaming's WineX (a DirectX centered fork from Wine -- http://www.transgaming.com/) back into the original codebase.
It appeared to us that Wine has a pretty open license much like X11's (http://winehq.com/source/LICENSE). The only real stipulation is the following:
15 The above copyright notice and this permission notice shall be included in
16 all copies or substantial portions of the Software.
So how tough would it be to wrap up Wine in a box with a $99 price tag (price from Lindows' FAQ page: http://www.lindows.com/lindows_products_faqs.php)
So to sum, take open sourced but not "RMS Free" (aka, GPL'd) code, name the result something Microsoft will have a problem with for the free press (as has been mentioned about a million times already), and *poof*, you've got the makings of a 90's style IPO.
It's all 0s and 1s. Or it's not.