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Lindows Ordered To Stop Using Lindows Name
TheSpoom writes "InfoWorld reports that Lindows, a distribution of Linux and other software designed to emulate Windows, has been ordered to drop their name after Microsoft won a preliminary injunction yesterday from judges in Finland and Sweden."
Now will Wine have to change its name because of the Win part of its name?
Here's another article at the Reg about this, and one at Newsforge about Lindows new website, ChoicePC for taking donations to help Lindows European resellers fight this.
The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
How about the name Winix, or the OS formally named "Lindows",
The grass is only greener, if you don't take care of your own lawn.
...that it's just Finland, the cradle of Linux, where this happened...
-- Power corrupts, but PowerPoint corrupts absolutely.
I'm not sure, but I think this doesn't stop Lindows from selling it in the United States. The market for Lindows is greater in the US than outside of it, so this isn't as if the sky is falling.
Right?
-Cyc
/.'s 10 Millionth
"Lindowz" .... it IS a change!
"Windows"... why not go all the way?
"Bill Gates is a Jerk"
"Unix". No one would ever bother a company over anything to do with Linux
Don't blame Durga. I voted for Centauri.
The Lindows name is stupid anyway.
'Nuff said.
It's only funny until someone gets hurt. Then, it's hilarious.
While I think it sucks, I believe the end outcome might be good. This pisses people off, so maybe one or two will try linux just in spite of MS and if they don't at least they'll hear about an alternative.
Belief is the currency of delusion.
What does this mean for Windex?
The GeekNights podcast is going strong. Listen!
So, now when copyright/trademark a name for product, you also copyright/trademark every word that 'sounds like' the name or is a 'synonym' of the name? WTF is that?
that at least Sweden is neutral! :-)
is why does M$ really have to go after them? it's not like they are really hurting for money. Unfortunatly there will always be this nitch market for Windows OS.....and really no matter how Pun-y, Lindows shouldn't have to be forced to change it's name. It's not as if due to pure miss-association that Microsoft is going to go belly up do to an upstarting quzi-competitor to have this PUN-y name......It sucks, but then again, we all live in a world where anything can happen....oh well....
http://www.whateversclever.net
lindeezy? Lindiddley?
Just change the name to Winux!
Lindows as a name gives the wrong impression about where linux wants to be anyway.
They should concentrate on marketing their product as a decent OS and not a cheap and inferior copy of windows.
tom-george.comBecause geeks rate higher t
lindows did sound a bit dumb. i propose Winux, sounds better and conveys the same idea.
An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
glass_thing_in_wall.
Let MS chew on that.
Such a stupid decision. Windows is a universal computing term that they adopted, I'd have more sympthy if Xerox Park sued. And there is no reasonable cause to assume that a consumer could mistake Windows for Lindows. It's a pretty clear case I'm very suprised that a judge supported this pile of steaming horse crap.
i read an article on this earlier (dont remember if it was the one linked)
a spokesperson for Lindows says that the company was unaware of the suits filed by microsoft in Finland and Sweden. This means Lindows didnt have opportunity to defend themselves. IANAL, and certainly not one overseas, but who's job is it to inform a defendant of a lawsuit? The court? The plaintiff (MS in ths case)? or (remember this isnt the US) does MS simply have to make their argument for preliminary injunction without the judge being presented counter arguments?
The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
In countries with WASPish legal systems, trademark laws only tend to protect against "similar" marks if they have the potential to create confusion. In continental Europe, they tend to protect where the newer mark attempts to capitalise on the goodwill of the earlier mark, even though there may be no prospect of confusion. Different underlying philosophies, different laws, different results.
In other news, Ford has recently demanded that Microsoft stop using the name "Explorer", as in Windows Explorer and Internet Explorer. Ford cites the 1990 introduction of the Explorer as evidence that they had the name first.
The many reliability and safety problems with Windows Explorer and Internet Explorer cause confusion among Ford Explorer customers who are themselves accustomed to these traits, a Ford spokesman said Friday.
Fire and Meat. Yummy.
I live in Sweden, and I'm not aware that Lindows is available for sale here. I don't think the general public (outside of Slashdot) knows anything about it. So if they would like to market it here, just give it a new name first. No big deal.
And seriously, I kind of agree with the judges. "Lindows" is a bit too close to "Windows". They should try to build their own name by themselves.
)9TSS
They need to focus on invalidating the trademark word "Windows" first, then Lindows wouldn't be infringing on anything. Microsoft should never have been able to trademark such a ubiquitous term.
BN
Now about the lawsuit-proof name "Darlsux" ?
Don't blame Durga. I voted for Centauri.
the name is obviously using "windows" as a catalist to get recognition, which unfortunatly a lot of linux applications seem to do.
Thanks to file sharing, I purchase more CDs
Thanks to the RIAA, I buy them used...
For you zealots out there, this isn't about Microsoft stifling Linux. It's just ONE distribution!
..
And for heaven's sake, the name is way too similar.
What if this was about Microsoft marketing Lie-nux or your SO coming home with Pepzi or Mountain Due? You'd be pissed off
for great justice
This ruling is quite correct. I am no Microsoft fan but the Lindows name was clearly intended to play off the Windows name. It is my theory that Lindows purposefully chose this name to get the publicity it is getting now. Other attacks at Microsoft (such as the Lindows offer for Californian residents based on the anti-trust settlement) play into this.
I'm happy to see the arms of the empire stretch farther than America now. I develop strictly for the Windows platform right now. I hate silly competition getting in the way of my freedom to innovate.
SL33ZE - Artificial Intelligence is No Match For Natural Stupidity -
Lindows has got a lot of publicity because of its name. And in this case, the saying is totally valid: Any publicity is good publicity. /. to get attention and support from the open source / Anti-MS community.)
Lindows has been given a lot of free media coverage, not because it's a good product (It might be, I haven't used it, but that's not the issue here), but because MS was not amused by its choice of name, and fought against it. (And anybody who gets any heat from MS runs to
athough I always thought you are right. I'm with them.
Lindows.com, please kick billy's ass!
#
#\ @ ? Colonize Mars
#
The fact that Microsoft has a hard time winning this in the US may be due to the fact that in this english-speaking country, "windows" is a common word meaning "openable thing made out of glass". In Finland and Sweden, this is not the case. Maybe this explains this injunction?
blah
Sweeden probits sale of lindows until the case between MS and Lindows is seateled. They allso threats with a 3 mill fine if sales are not halted until then. Norwegian article: http://www.itavisen.no/art/1302516.html
Its new name will be "Raymond Luxury-Yachtnix", but it will be pronounced "WinThroat-Warbler Mangrove".
Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
I was thinking of the time when Roger Waters quit Pink Floyd. Then he sued to try to prevent the band from still using the name Pink Floyd.
At one time, the band considered changing their name to "Roger Waters is an A**hole"
Don't blame Durga. I voted for Centauri.
I think the most frustrating problem of all these Lindows name court battles, is the single letter difference between Lindows and Windows. Now most of us here realize that Lindows is Linux and Windows put together. Though I would imagine trying to convince a nontechnical or techy judge to see this is quite a struggle. I am not a lawyer but it would make sense of many court battles won over single letter name differences. This is probably why Microsoft won in these two courts. Though some kind of law should be set determining or setting regulations on how a business combining two other business may name themselves.
There is or can be built a machine that can simulate any physical object. -Church-Turing principle
But I don't think Lindows has all that much of a brand awareness with consumers anyway. Its not like the huddled masses are going to be picking up their $150 Wal-Mart PC and be distraught that it has "$name-OS" on it as opposed to "Lindows."
slashdot, news for crazed liberal socialist zealots
Why doesn't the owner of X Windows sue Microsoft for misappropriating their name?
How can Microsoft win this case, when they don't have copyright for the everyday word "Windows" or for that matter "Word"?
From what I know was microsoft forced to change "Windows" -> "Microsoft Windows" and "Word" -> "Microsoft Word".
Lindows cloned the word "Windows" not "Microsoft Windows".
Double Glazing salesmen are in serious trouble!
Not only is it a name, it's a generic word found in any dictionary. If they were to try using the name "L-OS/X" or "L-AIX" I could see where there would be a problem.
Trolling is a art,
This is just plain stupid.
I still want to know how the word "Windows" can be trademarked. Especially when Microsoft's own CEO refers to windowing systems in a very generic way.
...that goes back even before the '60s."
Comments from Deposition of William H. Gates...
"Virtually every application has the ability to put multiple things on the screen that you'd call windowing.
"The idea of splitting a screen up so you have one thing in one place and something in another place I think has been referred to windowing, certainly in the '60s that was called windowing."
just a thought . . .
Inappropriate use of trademarks occurs when rational people might confuse the infringer's X (product, action) with something put out by the trademarkholder. In practice, this often amounts to that the infringer must be in the same or similar line of business. In practice part 2, there may be infringement even if you're in another line of business if a reasonable person could conclude that you chose that trademarked name in order to play off on existing fame/notoriety/image of the trademarkholder.
Therefore:
What does this mean for Windex?
Windex is the best way that I know to clean off windows!
It means they should offer Lindows to use their name! Create brand awareness for their fine glass cleaners among the computer geek community!
It's a perfect, untapped market - think of all those grimy chocolate fingerprints on your monitor!
Fire and Meat. Yummy.
How about LYNDOWS!? LYNDOZE? LINDOEZ? L1ND0Z3?
I won't even get started with the high-ascii possibilities.
You don't copyright a brand name, you trademark it. And yes, Microsoft has a trademark on "Windows".
I don't care... I won't use Lindows, nor will I recommend that anyone else use Lindows. Lindows is in bed with SCO, so therefore they can rot in hell for all I care.
MS lost their attempt to do this in the USA very badly. Indeed, the judge was even musing if they deserved trademark protection for the name "Windows" at ALL.
Lindows could file suit to attack their "Windows" trademark in the US, and offer to drop it only if MS agrees to quit these nusiance suits.
Since both are US companies, I also don't see why Lindows couldn't file an unfair competition suit against Microsoft in the US, along with claims they are violating thier anti-trust settlement.
Corporatism != Free Market
We can't be had, but we sure can be bought...
Exterior Oriented Viewholes
Skylight
Doors
French Doors (cause they have *indows in them)
Not Not Lindows
Gates
Well, having followed a bit of the Lindows/Microsoft case, this reminds me a bit of SCO.
Microsoft has tried on numerious occasions to get an injunction like this in the United States, and been turned down every time. So, they've gone and gotten the injunctions from Scandanavia (where english is not a first language).
But, since Lindows is based out of the United States, as is Microsoft, there is absolutely no way to enforce this on the main battlefield, unless you're distributing in Scandanavia, in which case they'd have to change the name for the units sold in Scandanavia.
But, it makes for great publicity...
Robert B. Marks
Author, Demonsbane in Diablo Archive
So... if you can't win in the US. You go to other countries and sue them there. Interesting strategy...
Mike http://thenextgenerationofradio.com
awww quit your whining, its only a name, right?
Thanks to file sharing, I purchase more CDs
Thanks to the RIAA, I buy them used...
Lindows should change its name in Sweden and Finland to "BHS" (for "Butt-head Scandinavians").
--- The American Way of Life is not a birthright. Hell, it's not even sustainable.
If I started up a burger franchise called Licdonalds, despite the differences in name and products, it would be an obvious attempt to cash in on the name recgonition of McDonalds.
Will MS try to prevent every database company from using 'SQL' because they have 'SQL Server'?
Microsoft sought a similar injunction here and LOST.
If you can't win, try again, but choose your court carefully...
This makes it harder for them to establish brand name presence in Europe. But they could change the name a bit for their European customers (Lindows as a name is marketing gold, and they would be a fool not to use it everywhere they can).
Maybe something like D Lindow System. (D for Desktop, Lindow to edge around the injunction and head for higher ground). What? Is Microsoft going to sue the X Consortium next?
What? Isn't Lindow a bog in Cheshire, England?
LedgerSMB: Open source Accounting/ERP
Most shocking thing about this story is the crap reporting.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Comment removed based on user account deletion
This is horse crap, the windows word is common language and thus can't be copyrighted. Lindows on the other hand is an original name and a legitimate trademark.
Some lawyer paste some trademark law in a reply please?
Your preferred new name for LindowsOS would be:
1. Winux
Don't complain about the lack of choices, this is Slashdot, not a democracy.
Comments:
Your poll sux! I want to call it Lindux!
I flame your troll and raise you five goats
WARNING! GOAT LINK IN PREVIOUS COMMENT!
Oh like the zillionth metatroll today!
Ceci n'est pas une signature
In another court action today, the US District Court in Austin handed down an injunction against MS for using the code name longhorn, requested by the University of Texas. The school nickname is the longhorns and the schools mascot is a drugged neutered bull named Bevo, who wanders aimlessly about and craps all day.
UT Students were getting confused since both MS longhorn and Bevo's BM are both Stinking piles of crap. Further more UT football players, trained to lay down and play dead at the site of BEVO (witness the Arkansas and OU games) were now getting confused and doing the same thing in their computer lab. This has resulted in half the team being ineligilble for the Poulan-weedeater-holiday-trailmix bowl.
UT coach Mack "Roscoe P. Coltrane" brown had the following statement:
"IIII Know ol Bill Gates really did'nt mean any harm to us, but since the wind kept shifting directions the players were confused which crap there were smelling longhorn crap, Bevo crap or my crap". "I really thought we could keep them focused on thier school work, as soon as that Windows Start up screen came on, there they went, locked up, feel straight over, with that same glassy eyed look they get in the cotton bowl every year."
So Long and Thanks for all the Fish.
How many letters have to match before you violate their copyright?
From the article:
Now this came from a partisan Microsoft sales slime, not the courts. All the courts have apparently ruled is there exists the possiblity of trademark infringement and confusion in the marketplace. As such, the safest thing to do is protect the revenue stream of the complaintant until the issue is resolved - hence a temporary injunction.
I loathe MS as much as the next geek, but really MS has won nothing here. Move along please.
Although in hate Microsoft like the rest of you, I do believe they have a point: Lindows is an obvious reference to the similar product Windows.
Take a for example a look at the products of Sanex, and the blatant clone Sanicur (same sounding name, same colour scheme).
I would guess that Sanex would be more than happy to sue the other company into oblivion, but they are apparently not able to do so.
karma police: arrest this man, he talks in maths; he buzzes like a fridge, he's like a detuned radio. [radiohead]
Lindows was also ordered to stop crashing so bloody much, as that is obviously another attempt to copy the winning Microsoft formula.
Said a Microsoft spokesman, "Stealing our good name is one thing, but stealing our functionality is clearly another. Our regular crashes are part of the "Microsoft Advantage"(TM), and our astronomically flukey market share is evidence enough that the people want lots of crashes, and we aim to deliver. We give the people what they want. If Lindows starts copying our patented "Crash-n-Burn Technology(TM)", we are liable to lose marketshare, and that is completely unacceptable and is punishable by immediate and lethal MS military action. We WILL defend ourselves against encroachments on our instability monopoly. Word. Oh, yeah, if those Apple guys are listening, I hear they had a security hole or two last week. Better watch it Steve, I don't remember you licensing insecurity from us...."
Apple quickly backed off by patching their security holes as ordered by Microsoft, in what was an obvious attempt to pacify Microsoft's legal department and rectify what Apple still claims was an "accident".
I'm not normally an irrational zealous dickhead, but I figure "When in Rome..."
McDonalds holds a trademark on the term "big breakfast". People shouldn't be so surprised that Microsoft has "Windows". Sort of lame and ridiculous, if you ask me, but that's how the sticks fall here.
How about...
1.) Licrosoft OS
2.) Lolaris
3.) LIX
4.) LIRIX
6.) LPUX
7.) LOS
8.) Lovell
Lindows was virtually dead since it abandoned its original goal to support Windows binaries via WINE, and its current incarnation with the same name is just another average Linux distribution with stupid marketing name, minus enterprise support. This type of desktop Linux business is already doomed.
If they shoose to stick desktop market they should rather move to Lacintosh OS, something that combines powers of Linux and Darwin.
I know a genuine Sorny when I see one.
THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
How about changing the name to \/\/indows?(note, that's backslash, forward slash, backslash, forward slash)
mp3's are only for those with bad memories
they call it Rindows
(which sounds more like Windows, incidentally)
Lindows.com Chief Executive Officer Michael Robertson in a statement issued in response to the Swedish injunction, lashed out against Microsoft's legal pursuit of his company, accusing Microsoft of using lawsuits "as a battering ram to smash Linux."
Anyone who says that the name "Lindows" doesnt violate the trademark of "Windows" is a real hypocrite. If MS came out with a program called Winix, you guys would be going apeshit.
Even funnier is this Robertson idiot making this case out to be some kind of assult on Linux, rather than an attempt to get him to rename product.
Manipulate the moderator system! Mod someone as "overrated" today.
SELECT disclamer FROM ianal;
The Lindow Operating System.
First, Microsoft will have a harder time attacking this due to the fact that it is closer to "X Window System" than it is to "Microsoft Windows."
Personally, I think that the WIndows trademark should be nullified simply because there are other, older software packages still in common usage, particularly X who share a very common name. Since trademarks cannot be selectively enforced, this creates a bit of a narrow trademark for Microsoft. IANAL, but I think that Lindow would be clear.
Also, Lindow is the name of a peat bog in Western England, Cheshire, iirc. Hence the 2000 year old Celt who was dug up there was called Lindow Man.
LedgerSMB: Open source Accounting/ERP
Every time something bad happens tech-wise in a court in the US, this place is crazy with comment of how the US sucks, how horrid the legal system is here, how its just stupid what companies can get away with in court, now a stupid ruling is handed down in a European court and everyone is mum... no one seems upset at the legal system, in fact most people here are defending the decision as a good one, even though when MS tried this stunt in the US system they failed. So much for the Europeans living up to their liberal ideals and standing up for the little guy....
They should do a joint marketing agreement and package of Windex surface wipes with the boxed Windex OS (ex-Lindows).
THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
Lindex wipes your hard drive to a streak-free shine! Now with a refreshing citrus scent, Lindex is the best option for a transparent user interface. Bundled with it is the latest Firebird build, sure to make your chrome stand out.
REM Old programmers don't die. They just GOSUB without RETURN.
I noticed some striking similarities with this site when looking up some product info.
;^)
Why doesn't MicroSoft go after these guys?
http://www.microsemi.com/
Name has the same MS looking name and font...Products are in multi-colored "windows"....
Just thought it was funny.
My old sig was REALLY stoopid.
Instead of using Lindows, could they use "stick it to the man" instead? Lindows was such a dumb name anyway.
We do? I apologise unreservedly. I'll try harder.
Andrew Oakley - www.aoakley.com
Considering that most laymen always call Operating Systems "Windows" (as in: What Windows is running on your Mac ?) I'd say it can be argued that Windows is not only a common word, but it has also gone the way of Scotch adhesive tape: it has become a generic term.
Maybe we deserve this world ?
Except Swedish and Finnish dictionaries!
Computers are useless. They can only give you answers.
-- Pablo Picasso
Yup, to me it sounds just like an SUV for an OS.
- 4r0g
Lindows already owns the domain lindos.com (perhaps for misspelling reasons). It would be pretty funny if they switched to that instead...
huh .. initially every one wanted to linclude the words linux in their name so that ppl knew it was some kind of linux ;
;
.. whose gonna win?
now lindows wants ppl to know that its a good operating system and some windows apps run on it.
so Linux + windows doesnt sound abnormal or cheap
but the "windows" in lndows is actualy a reference to micro$oft windows.
what i dont understand is how worse is this from any prodcuts which have the word windows incorporated in them to convey to the user that they are compatible with M$windows ?
so whats next? windowmaker?
oh and by the way i own http://lingows.com and http://lingows.net.
i bougth the domains so i could host some services for multiple language support for linux;
i wanted a name to rhyme with lingos
and found this interesting;
now this is only a one letter change from lindows.com but i dont think thats a big problem;
infact i would be glad to carry any advertisements of lndows non english versions for free:) along with any other distros which have decent non-english language support
copyright vs copyleft
Where can I download this Explorer of theirs? Does it runs on Linux? Does it have tabs and popup blocking?
"Lindows" always seemed iffy to me - the whole point, as far as I can tell, was simply to appropriate an unmistakeable part of the other guy's trademark so as pull away some of his customers. In other words, a ripoff.
Although I only have Dutch, German, French and Polish dictionaries, I do bet that none of the other European countries (U.K. countries excluded) have 'windows' in the dictionary as a generic word.
And since this story -is- about European countries... well, you do the deduction.
How many Lindow's users are there in Sweden and Finland? Any?
How many Wal-marts?
Dada ended art.
... is another name they could use. At least for the time it will take any court to react.
Don't do business in those little insignificant countries. If their judges are that stupid, offer the product under a different name there, and everyone else gets lindows.
I'm surprised that judges in other countries are more ignorant than the US ones. I would -expect- a US judge to be stupid...
-- I am. Therefore, I think!
Change the name to Widows because that's what your partner will feel like after you fall in love with your new non-Windows computer.
That will change in the next few days (jan 1st) when the EU gets 10 new member countries, including Poland which is 60 million alone.
Will code a sig generator for food
change it to "Nildows"
The secret of success is honesty and fair dealing. If you can fake those, you've got it made. (Marx)
Bite me. Lick me. Like it. Regards, Michael
Is the juice worth the sqeeze?
Well maybe they should change the name
Remember when Apple named one of it's new machines "Butt headed Astronomer" ?
Lets see Lgatessucks or maybe Lbilltheschmuck
or maybe in honor of how fast Microsoft updates its software
they could call the new lindows simply "Late"
let's all call it: Glass "The natural replacement for Broken Windows"
Good! This was a stupid name to begin with, and it got even more stupid after Lindows gave up on their ambition to be Windows-compatible.
Can you hear me, Major Tom? I'm not the man they think I am at home...
I would rename Lindows fonster (or whatever the Swedish plural is) in Sweden, and ikkuna (or whatever the Finnish plural is) in Finland and be done with it.
:-)
Hint: both are the literal translation of 'window' into each langauge. Comply with the court order, and fuck Microsoft where it counts, hard, in one fell swoop.
The Future of Human Evolution: Autonomy
Windows is a genereic term in english, but is it in swedish or finnish?
OSDN has announced that they will be charging license fees to all websites with slashes and dots in their URLs.
philcrissman.com.
since SCO owns UNIX. It can appeal that Linux is a tradrmark infringment as well.
Lind'oh!
To be honest, I always thought that L-indows was trying to cash in on the W-indows name anyway, rather than trying to do any good to the open source community or name. See, I do not care which camp you belong to (Linux or Windows), if your intentions are driven by $$ rather than pure passion for advancement and innovation then you're all the same in my eyes.
The phaomnneil pweor of the hmuan mnid. Fcuknig amzanig eh!
to contaminate a gene pool: the breeding of insane individuals. Who ask dumb questions like are you retarded? when they do not know or understand the references made by the parent quote.
Vote for new mod!!! Score:-2,Imbecile
Lindows is a distribution built on top of Linux, and the X Window System.
<Lindows> You probably think this song is about you, don't you...
pb Reply or e-mail; don't vaguely moderate.
It's time to stop screwing around and just incorporate Magenta Smurfette Linux for the desktop. Who cares if some tin hat socialist judicial system wants to object. Let 'em.
But at least we now know it was the Norweigan's who had the Swedish jokes right, and not the versa vice.
Microsoft / Microsoft porn magazine for women who like small men
Are you *sure* this wasn't started by Bill Gates in order to find dates?
Microsoft has also announced that it has exclusive and first use rights on the words "shit" and "fucked".
I wonder if the "void for being generic" argument that worked in the US lawsuit will work in Sweden. I would agree that Microsoft should be allowed trademark rights in "Microsoft Windows" and even "Windows (pick a number and/or combination of letters here)" worldwide, but "Windows" by itself is, as was proved in LindowsOS's motion for summary judgment in the US case, just TOO generic to be registerable as a trademark. That would be like allowing IBM to register "Blue" as a trademark because of the long-standing nickname they've borne.
utter rubbish
It's a winner!
The term "windows" was part of software systems names long before microsoft co-opted it. Xwindows in 1985, Xerox Windows in 1979, and probably others.
The previously anonymous Lynn doe's name was changed to Jane doe's, the work Lynn tells us was mostly done by John Doe's programming skills. John has been a programmer since back before the abacus and even the sand table's of egypt, he has long since learned to remain out standing in his fields, and so he was unreachable for comment. Some crazy woman at Geico, said, they lowered their colestorol, in an exclusive we found an empty 6 pack of rootie tootie glass's handcrafted out of recycled broken pieces of her last known address's windows.
.
Seriously though. Does anyone actually believe Lindows vs. Windows raised some confusion?! From the 8 year old kids in Wallmart to the Grey White Blue hair's who we asking questions about Lindows SCSI support and hardware modems for their Grandson's iptables firewall project.
in that BBC news caster "world coming to an end" accent . .
Last time we interview Wallmart's electronics section, and could hear nothing but screaming about "where are the mandrake disks! I don't want a damn XP upgrade!" Store workers were busy picking up wrecked and trampled windows XP boxen off the ground while customers were tossing the XP boxen out of the way. Lynn doe's last comment was, "Duck! Lookout! I think it is swarm. Hit the dirt!" All while a winner with dough, wearing sandals was busy formatting WallMart's display computer and pocketing the covers from all the XP manuals laying on the ground. Police arrived and shortly threw lynn doe out on her bum. Out in the parking lot citizens were saying that next year wallmork will have thirty-nine foot blow up "Tux" Penguins just in time for christmas decorating.
I think that I am going to release a new OS named SMODNIM with a tagline "Turning the World of Windows Upside-Down"
But,
At least in the US, Microsoft's trademark is not for "Windows", it's for "Microsoft Windows". Several other software products already contained the term "Windows" at the time Microsoft attempted to grab the term.They couldn't, at least without adding the Microsoft part of the name.
Microsoft is trying to stealth-grab the term that they couldn't get legally, and the court has been bamboozled. (Did I really just use that word?..sheesh) Unless the new company contained more of the unique aspects of Microsoft's product name (like a play on the word Microsoft), the Lindows name should stand if the system is to remain sane and legitimate.
On a more general note, recent trademark legislation is at odds with the reality of a crowded namespace and increasing globality of markets. Coders know how to deal with this, lawyers may take a while to catch up. Eventually, we'll either have the case where
1) A finite number of desireable trademarks are controlled by multinational big biz, or
2) Lawmakers understand and apply scoping rules that allows local application of trademarks and follows market and product segmentation closely and quickly.
It's a choice between local variables and gw-basic style global variables. And Bill Gates has the lobbying power. Heh, just guess which one it will be...
Rymes-With-Windows... this way it's obviuos that it is not actually Windows while still providing an amusing similarity.
Based on your previous posts, like this beauty:
6 99 363
http://slashdot.org/comments.pl?sid=88892&cid=7
I have determined that you are a twit.
The name is "Krishna" not "Crishna".
Twit.
ScottKin
I don't give a rat's behind about "karma" here or anywhere else. Don't like what I have to say here? Deal with it!
WTF are you talking about? The two look NOTHING like each other. Sure they both have blue and white bottles, but so do millions of other products. They don't even seem to be the same shade of blue. The way the name is printed, design of the label or even design of the bottles are not even remotely similar. Sanex and Sanicur don't even sound that similar to each other.
I'm sure Sanex would be happy to sue any of its competitors out of oblivion, but if they're to win an injunction for that "blatent cloning" they'd better make sure the judge is kept well stocked with crack.
This is the ostensible purpose of trademark law, to prevent consumer confusion. Of course, a preliminary injunction here will be highly damaging to Lindows, even though it doesn't apply to the US.
Now, if they did this to XWindows, I would be complaining. But, nobody is selling XWindows as a boxed product and prominently displaying its name to uninformed consumers.
There's no threat of consumer confusion regarding XWindows. There is regarding Lindows.
This happened overseas first because the generic use of "windows" does not extend to other languages.
Sindows - as in it's sinful to emulate Windows. You could also use Windex and violate two trademarks at once.
The point is, CVS is selling the same formulation, and want you to know you are getting the same stuff as if you paid more for the brand name. They are NOT trying to fool you into thinking there stuff is Triaminic, or made by the same company. It's very clearly labeled as not being labeled.
Clearly, they are trying to benefit from the Triaminic branding, but they are not trying to pass their product off as being Triaminic - only as being the same as Triaminic.
As to Lindows, the few ads I've seen (mostly in the TigerDirect catalog, some of my favorite bathroom reading), do not appear to be attempting to confuse the customer into thinking it's Microsoft Windows. Indeed, they explicit state that they are not. Sure, their product name is a rip-off of Windows, but it seems from their ads that the point of that is to convince people that Lindows will act like Windows, not that it is Windows.
So from the "Triaminic" point of view, their use of Lindows seems morally and legally legit, at least in the U.S.
It's not wasting time, I'm educating myself.
Just because we don't agree with most of what MS does doesn't mean we're blind to the fact that there may be instances where MS is, in fact, in the right. Lindows is designed to look similar, act smiliar, smell similar to Windows. Their name would have no brand recognition if it weren't for Windows. Microsoft IS right on this one ***choke*** ***goes and rinses mouth***.
Besides, like some other people have pointed out, "window" is a very common word in english, but not in European languages. While one could argue that MS can't trademark Windows in English speaking countries, the certainly doesn't hold true elsewhere.
Windux!
http://nwbagpipes.com/
In another news, MS corps sues a french reseller and asks for 150,000 euros see (in french) this linuxfr article.
Actually I can understand a bit more this procedure in non-english speaking countries where "windows" is more a brand name than a common word.
--
Go Debian!
Here, here, and here.
:-)
But why not one more?
...is rename themselves Xindows. Then they could claim the name was derived from the X Window System.
Everyone keeps talking about how you can't trademark common words in the US, etc. Does this mean car companies don't have any trademarks on their vehicle model names? After all, most car models use common words (other than cool companies like BMW or Acura :).
So, could I legally sell a sports coupe with a horse on the hood called a Kia Mustang? Would Ford be powerless to stop me?
And what about the Apple Music/Apple Computers debacle? I can't think of a more generic word that "Apple", yet as I recall Jobs & Co. had to sign agreements way back when that stated they wouldn't get into the music industry, because of Apple Music's trademark. I still haven't heard how iTunes affects this, btw, so if anyone has any insight...
Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
Welcome to slashdot.
if some company tried to piggy back off of the beloved Red Hat Linux with their own Head Rat Linux everyone would be up in arms. What about Soose Linux? Or Debbie N Linux? Is that ok? As long as the offender is on MS's back everyone think's it fair and ok.
Lindows sounds silly anyway, like a parody. I use linux, and the first time I saw "Lindows" I rolled my eyes.
Why not just call it mp3.com linux? oh yeah, nevermind.
... were pre 1990. E3-Project
CC.
TaijiQuan (Huang, 5 loosenings)
A person's name is a bit more problematic. If you look at law firms they use the partner's name. There has to be many "Smith LLC," and the like. IIRC Hilton had some problems some years back with someone named Hilton opening their own hotel under their name.
Thanks, this is the most informative post on the article.
-m
Licrosoft Windows!
Information wants to be anthropomorphized.
Why not just rename it "71nd0w5"?
It is easier to build strong children than to repair broken men. -Frederick Douglass
Heres a name that I like.... Doors - "its easier to walk through a door than it is to jump through a window".
"Lindow" as in "X Window"
The question here is about the "Scope" of a trademark, and whether "Lindows" is confusable.
Typically if a trademark is huge (like Pepsi, Nike, etc.) the scope of the mark is larger and more leeway is given to the holder of the mark.
On the other hand, there is a long established history of "sound alike" marks. The famous mid-century German camera was the "Leica". The not-so-famous japanese clone was the "Ricoh" (which with a Japanese accent was indistinguishable.)
It should also be said that "Window" is *not* a Microsoft trademark. Apple's first Macintosh OS used the term "Window" to describe an enclosed area of screen real-estate used by a specific application. This is important because a trademark should *not* be descriptive in terms of functional value.
So part of the issue here is the strength and recognizability of the "Windows" trademark (which granted is huge) versus the functional, descriptive, and commonly used term "Window".
The judge clearly gave Microsoft a wide berth in terms of ownership -- making the judgement call that "Lindows" was in fact too close to "Windows" -- which in turn raises some questions: What about AOL's "Messenger" product -- has Microsoft infringed? What about "StarOffice"? (or "OpenOffice"?). Let's not forget that "Office" is also a Microsoft trademark.
One could then argue that "Messenger" is in fact a 'descriptive, functional' term... but then again... so is "Windows".
The crux of the problem is this: In the rapid development process of software creation and technology in general, the 'descriptive/functional term' and the 'protectable tradename' are typically closely linked.
Given that one cannot trademark a term that describes 'functional value', this presents an inherent problem with software and technology trademarks, and gives an unfair advantages to the first mover, or the established market leader.
------ The best brain training is now totally free : )
"Clean off windows the easy way with Windex Wipes!"
Windex Wipes - the Glass, Surface and Hard Disk Cleaner.
Shit. That was too good to happen, they've already been borgified.
Fire and Meat. Yummy.
Our regional cell-phone provider "intelos" was forced to change their name to "ntelos" because intel wasn't happy with the name.
...could it be...Winsux? :)
-----------------------
You are what you think.
How about if made by a famous woman named Mercedes? Does the fact that the person may or may not have been named after the car change anything? Would a person have to have been born before the (TM) of the Mercedes vehicle name? Does a person naming the product after themselves become exempt from infringement ? Obviously nobody wants to sell purfume that smells like a car, even if it is fancy. What if the maker of Mercedes perfume felt the lawsuit itself was creating confusion in peoples minds whereas before nobody really connected the two Mercedes brands? Ie: Nobody would confuse Apple computers with the Macintosh Apple brand until the Apple company sues Apple which creates a mental connection many never thought about. If you can't tell who is suing who, obviously confusion is being made. Countersue I guess. :)
Cwm, fjord-bank glyphs vext quiz
Lindow is a surname. Rare, and ranked #25385 in the United States. Over here.
Hire a Lindow, make her the Primary Marketing Consultant, and rebrand as Lindow's Operating System.
-- "It was as if the paint factories had decided to deal direct with the art galleries." - Thursday Next
Sweeden? Finland? Since when do their laws apply in the US? So they cant use "lindows" in sweeden. Big deal, Wal-Mart is selling them in the US. Call it BGSD (Bill Gates Sucks Distro) and MS will be happy (sorta)
Lindows is not Windows. :)
I don't use "xerox" myself. I think that phase of usage has passed. Xerox isn't the main maker of copiers anymore, and copiers are ubiquitous enough we just call them "copiers".
The problem isn't that "Windows" is a generic term used to describe any graphical operating system. The problem is that "windows" is the name of the graphical thingies that comprise any graphical operating system, and has been for longer that Microsoft has been using the term to describe their own operating system which uses windows. It's more than just a generic name for something in computers, it is the name for the very thing which Windows and all other GUI OSs I'm aware of use.
Consider Kleenex -- I use "kleenex" as a generic term for "facial tissue". Now, what if instead of "Kleenex", Kimberly-Clark decided to call their product Facial Tissues(tm)? This is essentially what Microsoft did -- name the product after what it is. Which is fine, until you start telling other people they can't use that term or terms that evoke the same idea anymore.
Of course Lindows is supposed to conjure an association with Windows. It is undoubtedly meant to imply a product that is similar to Windows, which is indeed what Lindows wants to be. However it is highly unlikely that this would actually cause confusion. "What is a Fudge Cram pickup truck? Sounds a lot like 'Dodge Ram'... must be the same thing!"
Here's a somewhat related note on trademarks and common words. There was a box of some generic ginger snaps, and on the box in big letters it said "Made with Real Ginger!" With a tiny little (tm). "Real Ginger" was their trademarked name for whatever it was they put in their "ginger" snaps that was most certainly not ginger. Which is basically being able to shout blatant lies to people, as long as you say "just kidding" in a whispering voice that someone might hear. I can feel my cynicism congealing just thinking about it.
The enemies of Democracy are
... Then surely the glass manufacturers of the world can stop Microsoft from using the exact name of one of their products? I wonder how many disappointed customers have gotten confused and purchased CD-ROMs instead of large sheets of glass? ;P
You're next.
That probably was the intention but it doesn't alter the fact that Michael Roberts has every right to call his product Lindows and Microsoft have no grounds for complaint.
Windows was a computing term long before Microsoft decided it was a good name for their product, they shouldn't have been able to trademark it in the first place and they shouldn't complain when other people decide to use the variants on the word Windows in their software products either.
People using Mac OS X or Linux don't call their OS "Windows" like MS customers do.
But they do refer to their window managers and GUIs by that "generic" term. There are many people that don't disassociate their GUI OS interface from the underlying OS, hence XWindows is really just a part of the operating system to them.
Personally, i believe this is a good thing! The reason for this is that although LindowsOS has some good software in it, Click-And-Run, for instance, it has the most rediculous name! It sounds like a cheap rip-off OS, and the larger it grows in the desktop market, IT will be their (the average joe family) perception of Linux, and quite frankly, i do not trust a product called "Phoney" so why should i trust "Lindows"!
>
How about "LikeMic" (pronounced "Like Mike") because it functions like Micro$oft.
You still have no idea where I got the idea for that post. You have no argument, you have no facts. With your first comment you became a hole in the ground. But now youve started to dig.
Vote for new mod!!! Score:-2,Imbecile
I'm not saying that the Lindows isn't obviously made to sound like Windows, but that the Windows trademark, should have been invalid in the first place. Aside from being a common household word, the X Window System (X11) predates Windows by several years. If anything, Microsoft violated them. And Lindows uses XFree86, which is more or less a descendent of the the X Window System.
From a diffrent angle Lindows could argue it itself is a generic name (Lindows in swedish being the gramatic equivalent Lindow's), there are at least a few Lindow, living in Stockholm, and then use a variation of the marx brothers defence. I'd also like to add that this indeed has been covered in swedish mainstream media www.dn.se/ekonomi (in swedish ofcourse).
If a friend said to you, "I bought this program but I have to return it because it only runs on Windows," would you have even the slightest doubt about what he meant? Of course not. Everyone knows, in the computing field, what Windows means. The reason Lindows is "winning" in the US isn't because the name Windows is generic. It's not. The reason is because in the 1980s, when MS named the program Windows, the name was generic.
WRONG! MS has many trademarks on the word Windows alone. Here is one of them.
They could still have thier trademark on the phrase "Microsoft Windows", but they would no longer be allowed to have the word "Windows" itself trademarked, like it is now.
Microsoft ended up trademarking a term that described a key component of an operating system that existed long before Billy & Co. even had a clue- that being the Mac of course. Given this alone, if I were a judge, I'd yank the trademark without a second thought. If Microsoft was dumb enough to bank its success on such a common term, too bad.
For the record, there was a lot of activity going on about the time that Windows 1.0 was released. What's interesting is that while it came out shortly after the Apple Lisa was released, the Lisa's interface (and that of the Mac that shortly followed), was far more polished. Microsoft didn't come up with anything of the same caliber until Windows 3.0, which wasn't released until 1990, SEVEN YEARS later. It was only then that "Windows" incorporated a desktop environment that used what I'd consider "real" windowing.
Since "window" is a common English word, the word "Windows" might be seen as generic and non-trademarkable in English-speaking countries. In other countries such as Sweden and Finland that obviously wouldn't apply, since the words for "window" in Swedish and Finnish are quite different.
People may complain about the American courts but at least the American judge didn't force Linows to stop using its name. I sure hope that Linows win and offically make Windows a generic term (which it is).
1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
This doesn't bode well for that Lmacosx project I was planning..
Not only is it a name, it's a generic word found in any dictionary. If they were to try using the name "L-OS/X" or "L-AIX" I could see where there would be a problem.
It's not a generic finnish or swedish word.
... from now on, our distribution will be known as 'Windux'.
TallGreen CMS hosting
but there is no such term as XWindows.
X Window System
or
X11
or
X
but no XWindows.
It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
I think this is where the X Consortium comes in and calls MS on the use of "Windows" - after all, the X Window System was around a long time prior.
~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
I'm curious.. is the name Linux trademarked? Not that I see it happening but could Linus gone and sued Lindows in the same fashion?
Personally I think it is very screwed up that a court would give Micro$loth the "copyright" on the word Windows. Especially seeing as even they coppied it from XWindows. I would like to see them explain themselves out of the fact they themselves stole the name... Bob
MacOSX, because making *NIX better is a lot better than waiting for Micro$loth to fix Windows
This has been an ongoing battle. They parts of the story are that the notice comes from sweden and finland. This case was already thrown out in the US, and should be upheld. MSFT fighting a battle they just can't win.
it'll be called LOSX, Lolaris, LeOS, or LOS/2, one of those.
There was a case against "internet Explorer" where MS argued that the tradmark holder couldn't use common words in a valid trade name...so by MS own admission, Lindows is a valid tradmark name...while "windows" is not...that's why the "name" of it is "MicroSoft Windows XX" without the MS at the beginning, it's not a valid tradmark in the US...Outside the US is a different story...foreign court always tend to favor the incumbant in these issues...and of course the "english" names aren't common words in other languages!
"Xerox" and "Band-Aid" went from brandname to common use because people were generally happy using those products and preferred them. This makes sense in the case of "Windows" because users of unix, Linux, and Mac OS generally don't prefer Windows, so they definitely won't call what, in their mind is a superior product, "Windows". On the other hand, people that do use Windows primarily and have not been exposed to *nix or Mac tend to call them "Windows."
So basically, I'm just making a couple observations:
1) Technopolitically untainted people DO call other GUIs "Windows"
2) Technologically experienced people refer to an OS by the correct name simply because of their disdain for the opposition.
I think a reason that MS is having more success in Europe is language. Consider this: You wouldn't consider trademarking "The Road." It's... the frickin' road. But then say "El Camino," and at least we Americans who are old enough immediately think of a certain miniature pickup truck.
If you're in a country where English is a second or outright foreign language, "Windows" might thus seem to be more like something you could trademark. And "Lindows" might seem to be an obvious attempt to capitalize on the name, as if another car company had released a pickup truck called "Los Caminos."
You missed the moderator's meeting where they laid down the law:
A comment is to be rated insightful if and only if:
I hope this clears it up for you and everyone else.
Anyone else see the similarity between Coca-Cola and Pepsi-Cola? I never heard about any lawsuits there.
:)
Cola is a generic term used in the industry but it is part of Coke's brand identity. It's part of a trademarked name (as is "dows").
Win is the abbreviation of Windows and its all around. I don't see dows32 programs being written. Lindows simply replaced the specific portion of a generic word.
It's a good thing Ford didn't name his product the Ford Car. If we talked about someone's "car", we'd have to be corrected that its an "automobile" or "horseless-carriage".
And what about Mazda changing the name of the B-series pickup to the "Mazda Truck". Hopefully they won't decide to trademark the name... especially in Finland or something. My god! They could take Ford out of business!
Yeah, except if Microsoft tried to use the name "Winux" in any product they would immediately be sued by the owner of a trademark on which that name infringes: a certain Mr. Linus Torvalds who owns the trademark for a software product named "Linux". It's been said that this Mr. Torvalds is not enamored with Microsoft, either, as they have secretly plotted to harm the software project on which he works that bears this trademark (while intended to be kept secret, this information later became public), and also for their poor software design. While Mr. Torvalds is a single individual who would be litigating a corporate entity of massive proportions, it is well known that he would have significant financial resources to back him in any action against Microsoft if such a need ever arose.
Free yourself. Everything else will follow.
UI looks like Windows (fairly generic to be sure, but some things came from MS, such as the "Start" button in the lower left hand corner), and certainly when the name "Lindows" was coined it wasn't with the generic "windows" usage in mind.
You are WRONG. Lindows has an "L" in the lower left corner. NOT a Start button. Their layout of their gui resembles windows very little actually. They have some controls that are similar, a folder resembling My Documents.... which i don't think is patented. Most of their User Interface resembles Linux more than Windows, actually.
And, Mr. Retard, have you ever used MATLAB 6.5? I have. It has a "Start" button in the lower left of the program!!!! OH SNAP! Go back to school, or at least learn something that a 20 year old with little to no research can lambast you on.p?
Far be this from the end. It seems like yet another tactic by M$...It's names now, but what then, do we go after how we label the boxes ? Will it work both ways ? Will Microsoft finaly have to put a consumer warning on their boxes that their product users may experiance drowsiness ?
only people that should do this is the country the company resides in. And how in the hell can a country that dosent speak english mainly do this (oh they cant) hell i can barely tell the difference between arabic words, should i be allowed to say what is alike?
Schnapple
Okay, they can't use 'Lindows' in Finland and Sweden?
May I suggest a quick name change to 'Sven-dows' in those two countries?
Yes, that's right and when they trademarked it the name was generic too which really means that they shouldn't have been able to trademark it means that they are in the wrong now when they are trying to defend a trademark which never should have been a trademark.
If that wasn't the case and the word "Windows" had never been used as a generic computing term before Microsoft trademarked "Microsoft Windows" then I'd agree with you about the Lindows affair but because of the history behind this I have to disagree that Microsoft are in the right persuing Lindows for trademark infringement.
Did'nt QuarterDeck come up with the name windows in their literature long before Microsoft started calling anything with the Windows name?
Also, although I do not remember the dates, but in the mid '80s or earlier, NCR Corporation started selling a windowing package to customers to interface to their Unix machines, long before MS brought out Windows 3.0. Did MS have an earlier release they called "Windows"?
Now introducting the our newly renamed OS - Icrosoftmay Indowsway.
So does anyone know how well Lindows works? Does it emulate Windows API well?
You say things that offend me and I can deal with it. Can you?
...Swindows
When all you have is a hammer, every problem starts to look like a thumb.
Lindows is a lame name to begin with. I don't think that it is a Good Thing(TM) for Linux vendors to try to make carbon copies of Windows. Sure it might win a few people over, but we need to win converts on Linux's strengths, not on the perceived strengs of its competitors.
in my life God comes first.... but Linux is pretty high after that
Francis Smit
Has Microsoft also registered the words "Crashes", "Exploits" and "Vulnerabilities" then?
Put it another way, if the owner of Lindows, instead of being obsessed with MS, was obsessed with beverages, and started marketing the products Ludweiser and Lepsi, would you think the case is so far-fetched?
http://www.pricewatch.com/
look up at the top left corner.
--
"It is now safe to switch off your computer."
There were several competing interests at the time, including VisiCorp's VisiOn, IBM's TopView, Digital Research's GEM, and QuarterDesk's Desq. And of course, the one that preceded all of this by a wide margin, and served as the inspiration for the Mac interface, was the Xerox Star. But Xerox, it seems was using this more as a testbed than a commercial venture.
Yes, there was a Windows 1.0, and a Windows/286. Windows' original name was Interface Manager, but was changed before its release.
I'm amazed that no one (that I could find, anyway) has yet pointed out the striking lack of originality in the Lindows website navbar at the top!
Who exactly ARE these guys trying to copy? They seem to be pulling together the worst of each major OS and trying to put them to use.
Poor, dumb bastards.
fs
I think this is most likely the most flamey post I've seen in quite some time.
"OMG U R TEH SUX U DONT NO NETHING" would have served your purpose just as well, I believe.
...is the name, then they're in pretty good shape.
They could always call it X-Lindows, unless MS decides it has a case against X-Windows...
That doesn't change the fact that the trademark should never have been granted in the first place - and it shouldn't matter how much money or marketing effort they expended to build it up. It's the fruit of a poisoned tree.
There were several products with "Windows" in the name when Microsoft Windows came to market.
.... by the Beatles company Apple Corp?
/. a few months ago. IMHO, Windows is a generic term. Microsoft Windows is a trademark.
Couldn't be bothered looking for the link but it was on
I just copywrited the word "computer" so f**k you all!
You moved your mouse. Please restart Windows for changes to take effect.
"Windoze(R)"
Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
The last I checked, both companies are US based, how is it that foreign countries can enforce a name change for a company that doesn't have its primary base in that country.
I think everyone else is missing the key point: Lindows was a stupid name anyway! Maybe now they'll rename it so something presentable.
- Jax
I disagree, it's not a technicality - for some reason or other MS have been awarded the mark "Windows" against all the laws governing trademarks.
At the time "windows" was a generally accepted generic term to used to refer to GUI operating systems, Microsoft have gained an exclusive advantage by having the sole right to use this term in their O/S product which they should not have ever been given.
I'm not saying that MS wouldn't have got where they are today if they chose not to trademark the word "Windows" but the fact that the world associates the word "Windows" with a Microsoft product today makes no difference to whether they should have been given a trademark on it in the first place.
I'm sure that the Lindows name has been chosen to deliberatley annoy Microsoft and get a lot of free publicity for themselves but that makes no difference whatsoever since they are contesting the fact that the word Windows can be trademarked in the first place.
It looks like Michael Roberts is well on his way to winning his case in the U.S. which is why MS is choosing to attack the name in other countries.
This just in! Microsoft has obtained an injunction against the US. A court in Finland has ordered the United States Government to cease the
publication of the Declaration of Independence.
Apparently, the original text uses the phrase "All men are endowed by their Creator...", and the word "endowed" sounds a lot like part of Windows.
It is expected lawyers will seek injunctive relief against the makers of "No-Doze" as soon as they can figure out who makes that stuff.
I don't know why I'm bothering to reply to this, Mr. Micro$loth, but repeat after me:
Trademark, not copyright.
Once more:
Trademark, not copyright.
They're completely different beasts. Yes, it would be screwed up if a court gave MS a 'copyright' on the word Windows, but they didn't, so it's not.
--Jeremy
Jesus was a liberal
Rename the company to BigHard.
Call the product Rock.
It should break windows.
134340: I am not a number. I am a free planet!
ehhh microsoft porn!?
I read micro softporn magazine
Am I the only one?
Warning: This sig contains a small bug. ==> *
If Lindows is creating confusion, then any fence maker should sue ole Billy for using the word Gates. Make him stop using such a confusing word that means an opening in a fence.
Same anology that M$ is using. Billy doesn't get his way twice in the US, go crying to the other countries because he is sooo persecuted. Next M$ will be going after Anderson Windows and other window makers for houses.
Yeah, I agree with one poster. The Lindows name is stupid. Did anyone mention Lindoze for a change?
My Sun systems are full of windows. Ther have been since the times of SunOS.
So if somebody tell me " this software runs only in windows" I would as: "the operating system. or are you talking about a generic graphic desktop?"
No joking, for many people windows != Windows
IANAL but write like a drunk one.
Windows is a generic term on the IT industry. If MS was stupid enough to use it for their main product, well, though.
At least in English speaking countries, they have no legal leg to stand it. It speak volumes that MS had to go to places like Sweden or FInland.
What is next? Impunge in places where Zulu and Mongolian is spoken?
IANAL but write like a drunk one.
LindowsOS Windows
bananas like monkeys.
Off topic but you can just remove libnullplugin.so from the plugins directory and be rid of the prompts for all the different plugins (pretty sure that Firebird uses it just like Mozilla).
I have the flash and java plugins installed. It would be awesome if Mozilla/Firebird had the option to turn off specific plugins for websites just like popups.
can lindows.com get away with lindows.org or lindows.net ?
this reminds me that whitehouse.com is pr0n site and whitehourse.gov is the US gov site.
why don't the whitehouse take all the whitehouse.* domain ?
if they can't, then i don't think it's fair to order lindows.com to drop it's name.
The issue is that MS is trying to prevent somebody from releasing a product with a derivative name. As I stated earlier, "Lindows" is an 85% match to "Windows"; they only changed one letter! We are talking about a product NAME, not MS trying to trademark the use of an industry term.
There is a difference between "a window" and "Windows, the operating system". They are not attempting to legislate the use of the term "window", nor would they be able to. Likewise, you wont see a computer program company named "Macrosoft" or Microsorft", or one called "Apples". It is far too derivative, and, in the terminology of the matter, it dilutes their brand name.
It isnt a far stretch of the imagination to see that Lindows is trying to cash in on the Windows brand name.
Manipulate the moderator system! Mod someone as "overrated" today.
Lindeaux
I always thought of miscrosoft windows everytime I heard any word whose second third and fourth letters were i n d.
I am not sure about Finland and Sweden, but in the USA wouldn't the name "Lindows" be protected as a parody?
http://brandonbloom.name
That's only because Bill named Microsoft after his own penis size.
Karma: It's all a bunch of tree-huggin' hippy crap!
Haven't used Mozilla in a while, but is there some sort of IE-esque "Zone" scheme that you can use to block popups/plugins/Javascript from sites that are in the appropriate zone?
I use Opera, and have all of those things disabled anyway (along with images), so forgive me for being a little ignorant.
??? that can't be taken?
Yes, the word Lindows was chosen because of its relationship with Windows. And they could be in trouble legally because they are deliberately confusing their trademark with Microsoft's in the mind of the consumer. The ability to distinguish a product in the mind of the consumer is the ONLY purpose of a trademark. So causing even accidental confusion is frowned upon by the courts.
The defense is not that Lindows is causing confusion, but whether "Windows" can be a trademark in the software domain. "Microsoft Windows" can be trademarked, because it is a generic term used in conjuction with an identifier. And if someone tried to trademark "Macrosift Windows", Microsoft would have a case.
But the generic term "windows" had already been in use in the software domain for several years before Microsoft applied for the trademark. Research how Microsoft gained the trademark. Several other companies were using "windows" in other software trademarks. Microsoft bought several of those companies to remove the patent and trademark office's objections.
If "windows" is a generic software term, then Microsoft cannot object to companies using similiar trademarks. The US courts seem to agree, and may take the generic trademark from Microsoft.
---
As far as "Winux" being confused with "Linux":
Visually, there is only a 20% difference in letters, but it is the most significant character. But "W" sounds much like "L", so Linus would have a good case based on the similarity of pronunciation. He would not have much of a case against "Dinux", "Kinux", "Pinux", "Sinux", "Tinux", or "Zinux".
(I am currently fighting a trademark case where both the words and audial identifiers are similar. We are arguing that they are distinct enough not to cause confusion in the mind of any consumer.)
I spend my life entertaining my brain.
Okay, this is starting to bug me. A lot of people seem to have a real difficulty grasping the fact that Finland and Sweden are sovereign nations, quite separate from the USA, and that English is not an official language in either country. Furthermore they are getting moderated up. (Luckily, they are also being corrected in replies.)
My American friends, have you ever wondered why you have a reputation on being ignorant? Well, in short, because sometimes many of you really are.
I don't want to make this into anything larger than it is. The matter in hand is not that important. Not all Americans are ignorant, and everybody is ignorant sometimes. Still, here we do have a real-life, caught-in-the-wild example of the Ignorant American. That can be useful.
Indeed. I do wonder if you can see any good justification how the above could piss me off.
Come on guys and gals, this isn't that difficult stuff here. A jurisdiction has a finite set of official languages. Common words of those languages are not trademarkable in that jurisdiction. Common words of other languages, in general, are trademarkable. If that isn't obvious to you right away then, in my opinion, your point of view is limited in a way that does not take into consideration the large majority of the world (i.e. you are ignorant).
Furthermore and a bit more abstractly, despite its pretty much universal acceptance as a Good Thing, trademark is just a legal artifact. A social contract made to benefit the society and codified in the society's legal system. I find it hard to believe that same exact application of the principle would be the optimal for all societies. This should be apparent to any engineer-type at least. Sovereign nations/jurisdictions/societies not only have the right but also the duty to apply the principle in a manner correct to their particular circumstances. It should not be a great wonder if Finland and Sweden have different trademark laws than the US; our parliaments might have been doing their jobs. That's just a small wonder. (It's inconsequential that Finland and Sweden, as members of the EU, aren't really sovereign in traditional sense.)
Huh, I feel better now
If you feel that you are an Ignorant American and you wish to work on not be one, you might consider re-reading the comments to this story but this time try to assume the perspective of a Finn or a Swede.(*) You're not doing it right if you can get to the bottom without getting angry. It's that bad.
And finally, this won't affect the legal situation between Microsoft and Lindows in the USA. At worst Lindows might have to change name of its overseas operations. Many companies and products are forced to do so.
--Flam,
who got a "troll" for this, and wonders what he'll get now
(*) How to do that. Finns are a lot like Canadians, not quite as good in ice hockey and with even more massive inferiority complex about our neighbors. Swedes are gay.
Computers are useless. They can only give you answers - Pablo Picasso
Couple of year ago a friend of mine started a well-known computer hobbyist event called "Assembly". He couldn't trademark it (in Finland) based on that "assembly" is a generic word (in English language). Mystically, it seems that this logic selectively applied only to Finnish citizens and it not to MS?
Auferre trucidare rapere falsis nominibus imperium, atque ubi solitudinem faciunt, pacem appellant.
I best tell my gf to stop calling me Longhorn, before MS find out about it...
You can block popups from sites but I don't think you can choose plugins or java/javascript blocking for specific sites.
THANK YOU !! A million times thank you from the bottom of my heart !!
My local ISP uses a flash advertisement at the top of their home page and I have been clicking 'no' on that damn flash request for the last two years.
Sir, you are a gentleman and a scholar. May Natalie Portman cater to your every need until your dying day.
Ed Almos
The more corrupt the state, the more numerous the laws. - Tacitus, 56-120 A.D.
I didn't remove that file because it isn't there in version 0.7, but the prompts automatically stop after two or three clicks.
Which version do you use?
Do not meddle in the affairs of geeks for they are subtle and quick to anger
So where is the infringement on Microsoft's questionable claim on Windows (Microsoft didn't get an injunction in the US because the judge agreed that there is a serious question about the validity of the Windows trademark).
Is X Windows an infringement on Windows?
If not, why not?
At the time Microsoft applied for the registered trademark status, Windows was an application layer just as X Windows was.
You might respond that my claim that Windows is not a valid trademark and that my logic doesn't make my position true.
Well, likewise, just because you claim that Lindows was chosen to infringe on Microsoft's Windows trademark doesn't make that true - alternative reasons exist, eg., the contraction of Linux Windows. So, the question becomes "is there confusion?" and Microsoft isn't arguing that anyone is confused.
..... Apple's web site tab navigation. better get ready for another letter boys :-)
I disagree. The fact that "the world associates the word 'Windows' with a Microsoft product" has EVERYTHING to do with trademark protection. Unlike patents, you do not have to register a trademark. You gain trademark protection from usage. Registration merely gives some additional benefits to the owner. (See this trademark tutorial).
Also, I think people misunderstand what the term "generic" means. If someone uses a term to generically refer to a product without identifying the provider of the product, then the term is generic. E.g., you may say "give me a tissue" or "I need a new tire" because the actual brand of tissue or tire is irrelevant to you. Do you honestly think that people generically refer to OS X as "Windows"?
"windows" is a common word meaning "openable thing made out of glass".
Sloppy definition.
Not all windows are openable -- think commercial buildings, e.g. skyscrapers; hotel windows; etc.
Not all windows are glass -- think plastic, e.g. Plexiglass; or mica, in the case of high-temp ovens; etc.
-kgj
-kgj
I'm pretty glad that this has occurred. The argument is not about name-holding, but confusing the customer.
;) Particularly the pretty blue boxes with the picture of the chameleon...
I work in software sales, and there's been a good number of times someone was under the impression that Lindows was another version of Windows... just because of the name.
The benefit is that at least I can begin my spiel about Linux.
The Penguin Producer