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Lindows Takes a Hit in the Netherlands
diersing writes "The Register has the latest on it. Resellers of the Linux distribution Lindows in the Netherlands were ordered today to stop selling the product. Amsterdam judge Rullmann agreed with Microsoft that in many ways Lindows is 'profiting from the success of Windows' by infringing on Microsoft's trademarks." This seems to be a rather common occurrence lately.
I'm not really good at translating but I'll give it a try
Loosely translated from a article on WebWereld (dutch IT news site)
Dutch judge prohibits the use of the trademark Lindows
This conclusion was made by the Dutch judge Sj. Rullmann in Amsterdam on Thursday.
Microsoft claimed during court that Lindows violated its trademark and that the name Lindows is too confusing in comparison to its own product Windows.
"Lindows profits unlawfully from the success of Windows because Lindows.com too explicitly puts its product in the market as a product which is capable of running both platforms", according to the judge.
[I don't even understand the next line in Dutch but I'll try: ] Moreover Lindows distinguishes itself [huh?] from Windows because of its name [and] Lindows takes unjustified advantage from the [fuck knows: undistinguishablility?] and reputation of the brand Windows.
Lindows.com is summoned to cease the violation of the trademark infringement on the brand Windows. The software company of Michael Robertson is also no longer allowed to advertise in the Netherlands.
Furthermore the four resellers in the Netherlands must stop with the sale and advertisements of Lindows products.
Also the judge ruled that Lindows must ensure that internet users from the Benelux [BElgium NEtherlands LUXembourg] can no longer access the site www.lindows.com.
This verdict corresponds to earlier rulings of judges in Finland and Sweden. There the use of the names LindowsOS and Lindows became prohibited in December as well.
Lindows.com could change its name in the Benelux. According to Erik Vollebregt Clifford Change, the question whether this will happen is uncertain because the sales in the Benelux are not high, but it is up to the lawyer's office of Lindows.com [in the USA]
Vollebregt: "We just sent the sentence to USA. Hence it still must be determined whether Lindows thinks it makes sense and money worth spending to appeal to the verdict"
"Microsoft is using lawsuits as a battering ram to smash Linux, to prevent it from reaching retail stores".
I've never heard of any other companies trying this.
Lots of people will get to hear 'Lindows' as a result of MS legal action who wouldn't have normally.
As they say, all publicity is good publicity.
I wonder what Michael's next trick will be.
I think either: .. Aha... ha...)
(1) The marketing people are lazy
(2) They feel they can get a leg up by sounding more like "Windows"
(3) They thought Microsoft will be nice to them. (BWAHHHHAHHAAHAA
Throw in the fact that Lindows looks SUSPICIOUSLY like Windows XP, and I think Lindows doesn't really have a leg to stand on.
I've always thought Lindows and "LindowsOS" as they prefer it to be called sounded rather silly anyway. I think Lindows is a nice idea, and a good product, and an excellent way to get more people using Linux. However, much as I dislike some of Microsoft's business practices, I do think the name is too close, and I can see the judgement's point.
;)
Why not just call it Winux instead?
The whole point of the judgement is that the judge thinks that Microsoft has proven that Lindows chose the name Lindows because of its relation to Windows. And, since Windows is a registered trademark in the Netherlands, this is obviously an infringement. Remember, Windows in Dutch has no other meaning as it does in English; it is not a common word.
Nobody can really claim that they chose Lindows for any other reason than the similarity to Windows. They could have chosen a lot of other cool names as Xandros and others have done. They didn't and they made the choice realizing that they might get into legal trouble for doing so.
Although I detest this verdict, I cannot say Lindows didn't have it coming. The name is a deliberate gamble. And when you gamble, you win some and you lose some. They won a lot free publicity all around the globe. Now they lost a case. Big deal. It's all in the game.
Being well balanced is overrated. -- John Carmack
change the name to Lindos or LindOS, in spanish it means samething like pretty
In other news, the judge also ruled that "SCO" was too much like "Scum," and ordered them to clean up their act.
Is it really this bad that you think we all walk around on wooden shoes and live in windmills? We haven't been doing that since the 90s !!
-- The Internet is a too slow way of doing things, you'd never do without it.
Seems to me that Lindows chose that name specifically to leech off of Microsoft's mindshare. Let's face it, can you give me another reason that would explain that choice in names?
Add to this that the distribution acts a little too dangerously like Windows (complete with the default-administrator-user access), and I can't really say that Microsoft isn't justified in it's attacks on this company.
I work in software retail, and one thing I notice is the number of people who are under the mistaken impression that Lindows is Windows. Add to that the number of people who think it's binary compatibility is perfect (it'll run all their old windows apps). I've yet to see Wine reach that level of accuracy.
I will generally ward people away from this distribution, and point to the green or blue SuSE boxes on the shelf nearby; that's just as easy, and much more secure. (I used to point to the Redhat boxes, but since the personal version has been discontinued, it's more cost-effective for customers to buy SuSE)
The Penguin Producer
If they aren't trying to mimic MS Windows then why take a name so remarkably close to it? It is so totally obvious. Lindows is trying to ride on Ms's coat tails. The product may be totally different, but that isn't the point. Its just like that Panaphonics VCR, or that Magnetbox TV...
Why not try "Linux ADVANCE OS" or something. Hell, Linux itself is becoming a buzzword now....
Kiss my shiny metal ass
Or would MIT and apple complain?
How did Microsoft Windows get a trademark on Windows, is it that different to X Windows?
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