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A Setback For Microsoft In Lindows Trademark Case

Posted by timothy on from the context-context dept.

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."

9 of 414 comments (clear)

  1. In other countries... by JanneM · · Score: 4, Interesting

    ...it is a much easier issue. If it's a non-english speaking country, there is nothing generic about the words "Windows", "Word" and so on. Lindows is pretty clearly infringing in those cases.

    Choosing a name that will get you on the losing side of a trademark disupte, guaranteed, strikes me as a pretty shortsighted thing to do.

    --
    Trust the Computer. The Computer is your friend.
    1. Re:In other countries... by JanneM · · Score: 5, Interesting

      I can't speak for other languages, but in Sweden, at least, we translate it. 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.

      To turn it around, assume a product (a window cleaning agent, say) from Sweden named, exotically, "Fonster". Then some other company releases _their window cleaning compound and names it "Fonsder". Would it not be reasonable - and quite easy - for an american court to find that "Fonsder" was unacceptably close to "Fonster" and that they did attempt to ride on the coattails of the first company's brand penetration?

      --
      Trust the Computer. The Computer is your friend.
  2. Not that simple - English is *the* tech language by blorg · · Score: 4, Interesting
    I wouldn't say it's that simple. English was and is the prevailing tech language, that would be used for computing terms in other countries (witness France's efforts to replace the use of the term "e-mail" with "courriel" and then compare popularity on Google.fr.

    And 'windows' was definately a generic computing term before MS took it for the name of their product.

  3. I thought this was settled YEARS ago by Anonymous Coward · · Score: 4, Interesting

    IIRC, when MS first put out "Windows" they wanted that trademarked, but as it was judged too generic the actual name ended up being "Microsoft Windows". Or am I misremembering?

  4. So it could also be "Windows"? by Serious+Simon · · Score: 4, Interesting

    So "Lindows" is not infringing because windows is a generic word, not because it is too similar to Windows. Then, even a marketing a product with Windows in its name would be permissible. Lindows Windows?

  5. Roberton isn't in it for the money by blorg · · Score: 4, Interesting
    He has 'lost' many times in the past (e.g. as former CEO of mp3.com, he lost a major suit with the record companies). Have a look at his bio. He was also the person who put up a $100k prize for hacking the X-Box to run Linux.

    Basically, his world view seems to be that he has enough money already, and will do things that he feels are right, irrespective of the consequences. This I highly respect him for, but I don't know that I'd like to have him running a company that I had invested in.

  6. Re:Sigh by Jondor · · Score: 4, Interesting

    Yeah, but was the complete name not "Microsoft Windows" as opposed to "X windows" or "glass windows"?

    So the real issue here is how much "Microsoft Windows" looks alike "lindows"..

    --
    Nobody expects the spanish inquisition!
  7. Re:Sigh by GregWebb · · Score: 4, Interesting

    As I recall, Microsoft tradermarked 'Microsoft Windows' and were explicitly told that 'Windows' would not be trademarkable. Whereas Mr. Robertson sells his product as 'LindowsOS'.

    These just aren't 'identical or confusingly similar', as would be required. MS are trying to intimidate to extend their trademark.

    --

    Greg

    (Inside a nuclear plant)
    Aaaarrrggh! Run! The canary has mutated!

  8. Volkswagon is a trademark, windows is just a word by Secrity · · Score: 4, Interesting

    IANAL and this pertains to US (maybe others). No it would probably not be OK to advertise or sell a car from a company called Yolkswagen because Volkswagon is a registered trademark. You also could not sell software named Microsloth Windows because Microsoft Windows is a trademark and there would be confusion. The question is whether Microsoft can claim a trademark on the word "windows" in the context of software. I believe that Xerox called their invention that displayed a window-like object on a screen a "window" and I believe that Apple also calls their window-like object displayed on a screen a "window" -- and they both used the term "window" prior to Microsoft trademarking and selling a product named "Microsoft Windows". Trademarking the word "windows" is the same as trademarking the word "automobile". Imagine Acme Automobile (TM) suing Smith Automobile (TM) for trademark infringment over the word "automobile".