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

The difference is clear

[Anonymous Coward]

Windows is a trademark.

Lindows is a tradmark.

Completely different thing.

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

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?

Parody Defense

[Simulant]

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

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).

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......."