A Setback For Microsoft In Lindows Trademark Case

One Louder writes "Lindows.com is claiming victory in an important ruling in the Microsoft case - the judge ruled that the jury must only consider the genericness of the term 'windows' prior to the introduction of Microsoft's products, and that a term that is generic cannot be made ungeneric. Of course, in Microsoft's home turf, the story has a different spin. In other countries, they're telling judges that Lindows.com is an imminent threat requiring immediate injunctions, while in the United States, they're dragging the case out, perhaps for years, by appealing issues in a trial that hasn't even happened."

Comments

This settles it

[Anonymous Coward]

Microsoft is dying

Tradmark?

[testy]

Is this tradmark case a separate action from the trademark case? Or is there a treadmark case invloved somewhere?

Re:Tradmark?

[Anonymous Coward]

Aaaah. Nothing like clean, boring, unfunny humor!

Remember, kids: If it looks like some kind of joke, it probably is! Mod up!

Re:Tradmark?

[rixstep]

It has nothing to do with tradmarks. It's got to do with patnts.

Re:Tradmark?

[SpaceLifeForm]

Treadmarks? Pants? Hmmmm, I see a Darl in that picture.

The difference is clear

[Anonymous Coward]

Windows is a trademark.

Lindows is a tradmark.

Completely different thing.

Re:The difference is clear

[kfg]

Lindows is a tradmark.

But wait! Don't order now. It's also a tradmarkleft.

KFG

Re:The difference is clear

[NetSerf2000]

With the mess that Microsoft is making of the rest of the software industry, I thought that Windows was more of a skidmark...

but then again, I could be completely down the drain on this one...

same ideea...

[kyshtock]

Now, would you please STOP the room closing devices "doors"? It's been taken!

Re:same ideea...

[tiger99]

There is a well-known and expensive requirements capture, documentation and traceability tool known as DOORS. Although the underlying database is secure and completely trustworthy (unlike Windows or Gates), it is expensive, its user interface is diabolically bad, and its interface to the generic terms "word" or "office" (to which I assume M$ have no rights) is even worse. (Sad, because it is the only credible tool so far in that area. No doubt an OSS equivalent will eventually appear, most of the infrastructure of such a program must already exist as OSS.)

In my last job, there were comments frequently made by the engineers, such as "Who needs DOORS, Windows or Gates?". We looked for, but never found, any more software packages with names relating to points of entry through barriers. I have for example not seen anything called "portcullis", it would perhaps be fun to write such an application.

Re:Sigh

[jbrocklin]

Of course Microsoft (or any other company) is going to fight something like this.

Unless they were going to do something like stop using the "windows" term...switching instead to a name of a kind of bull. But that's just crazy talk.

No

[eclectro]

Anything windows-sounding is a tardmark.

Appeals?

[Call Me Black Cloud]

...appealing issues in a trial that hasn't even happened.

First, I thought you could only appeal rulings. Second, if the submitter actually mean "rulings" instead of "issues", how would this be possible? "Your honor, I'd like to appeal the decision you haven't made yet in the case that hasn't been heard..." Third, there's a trial? Who's on trial for what? I thought trials were for criminial cases.

This is all so confusing...I guess it's time for me to get a law degree

Making Generic UnGeneric

[Knight55]

An analogy would be Microsoft taking the word 'like' to name a product.

So we have the Microsoft Like OS, true and proud.

Then comes along the bike, or the Mike OS.

Maybe in the future the courts will make me ride a widget and use an alternative widget OS. Anybody else see this as idiotic in america?

Re:Freedom to take the Name

[sparkie]

Longhorn begins with an L, Linux begins with an L ... Coincidence?

Re:Sigh

[fatgeekuk]

Did RED HAT start a lawsuit when Yellow Dog Linux came out...

Yellow's a colour, just like red...

and

Dog, well DOG has the same number of letters as HAT... and you could wear one on your head too...
(or is that just me! oops, did I type that out loud)

Re:Sigh

[Evil Adrian]

I doubt anyone would be confused if they went to a store and saw Windows next to Lindows.

So it would be perfectly OK to start a car company called Yolkswagen, and sell a Getta model?

surely

[Disc2]

can they not claim the "Lin" comes from LINux, only leaving the suffix "dows" which MS can surely not claim trademark violation of :D

Parody Defense

[Simulant]

Any chance they could win by saying Lindows is a parody of Windows?

Re:Sigh

[ktanmay]

Yeah, I know, how can an organisation trademark a word that's a common noun? If it were a proper noun (like Microsoft) I can, I guess, accept the fact that there is some room to negotiate.

If tomorrow some guy comes up with an OS called Blue hat, I don't think it will create too much noise other than a +5 Funny comment.

Re:In other countries...

[Anonymous Coward]

Gee, the only "R" on my Windows CD comes after "CD" (and it's preceded by a hyphen, not enclosed in paranthesis).

Re:Not that simple - English is *the* tech languag

[richie2000]

So was 'ford'; what's your point?

I don't think Henry would mind if I started making "Lord" automobiles. The Pope, maybe...

With the current trend...

[WwWonka]

...I think "another Windows critical vulnerability" will become a generic term as well.

Re:In other countries...

[mrjb]

Where you have a "window" with a "button", we have a "fonster" with a "knapp". So, yes, "Windows" really is a non-word, and it rightly becomes a big, relevant problem for Lindows.
So, solved then. All they have to do is rename the product 'Lonsters' in Sweden, 'Lensters' in Holland, 'Lenetres' in France, 'Lanelas' in Portugal, ...

Step 3... Sue

[thepeete]

Next thing you know... Microsoft is suing Home Depot for selling windows...

Re:Sigh

[Rick the Red]

fighting over owning [common nouns] is too stupid to be classified as a human activity.

It's not a human activity. This is all done in the relm of lawyers. Beware the courtroom -- there be barristers there!

Dear Lindows:

[utexaspunk]

Take the free Xbox and run!

your friend,

Mike Rowe

Remember Sesame Street

[bonkedproducer]

Someone needs to Show Microsoft this:

• W
• W
• L
• W

"One of these things is not like the others... one of these things doesn't belong... one of these things......."

Re:In other countries...

[jrumney]

If that R is followed by a W, you might want to turn that Windows CD into something more useful.

Re:Sigh

[Speare]

Why didn't M$FT call its spreadsheet 'Number'? It would be much more in line with the names of its other offerings.

They didn't like "Microsoft Cell," but "Microsoft Sheet" was even harder to swallow.