Ruling Clears Way For Lindows Trial

shystershep writes "Various sources are reporting that Microsoft's appeal in the Lindows trademark infringement suit was rejected by the Ninth Circuit Court of Appeals. At issue was the trial judge's decision [PDF link] to 'instruct a jury to consider only whether 'windows' was a generic term before November 1985, when the first version of Microsoft's Windows was released.' This is significant because a generic mark receives no trademark protection, and the ruling that the jury must make that determination based only on the use of the term before 1985 is a major blow to Microsoft."

Comments

Microsoft Hacked?

[FireChipmunk]

http://www.microsoft.com/mspress/uk/default.htm

Says "Owned by OutLaw Group"....

Anyone want to get a mirror up before microsoft fixes it :) ?

Re:Microsoft Hacked?

[dcstimm]

why are you using windows xp, ugg, i thought you were cool..:)

Re:Microsoft Hacked?

[Foofoobar]

Hmmm minor cool points alotted. Noticing IIS running for web server. Docking you further cool points. You are hereby put on notice that your gek status is in jeopardy of being revoked. To avoid this, please download the latest version of Suse and install while singing the 'Philosopher song' and wearing your MST3K t-shirt.

Thank you.

Why is this an issue?

[AtariAmarok]

Why is this even an issue anymore? Isn't Lindows further killing itself in other non-lawsuit-involved ways by now using the atrocious name "Linspire"? How can Microsoft still claim damages?

Too late for them?

[Otter]

Hasn't Lindows already changed their name to Altria or Claritin or something like that? Or was that Gator?

The Elmer Fudd principle

[AtariAmarok]

I agree. The Lindows guys surely chose this name to ride on MS' coattails (or borg tendrils if you prefer). The "Elmer Fudd" principle should not be forgotten: if the disputed name is pronounced the same way as the plaintiff's name if you are Elmer Fudd, you really blew it.

Fsck microshit and their generic terms

[Anonymous Coward]

"office for windows"? WTF, windows don't have offices, it's the other way around. Buildings have offices, and offices have windows.

Sprechen Sie Orwellian?

[Anonymous Coward]

... the ruling that the jury must must make that determination...

"must must make"? Is that like double-plus make? Is this an excerpt from a Dr. Suess book?

Re:What it all means

[Bingo Foo]

The problem was in choosing an obviously generic word in the first place. They would have been wiser to choose something unique, but recognizable. For instance, when I trademarked the name "Halitosilicious®" I wanted to make sure my subsequent infringement case against my coworkers would hold up.

Come again?

[Moth7]

Longhorn 2003?!

Re:If it's secret

[Fearless Freep]

but Michael Moore and others have mentioned it.

Credible source

How the case will ultimately be resolved

[Anonymous Coward]

At the end of the day the court will rule that Microsoft has exclusive rights to the use of the "Windows" trademark provided Microsoft provides each Lindows user with a $5 discount coupon good on his next purchase of an MS product.

Re:Lindows is trouncing them

[fwarren]

Michael Robertson is a milionaire, his favorite pastime is to put a burr in Microsofts fanny.

I think is more of a hoby and about fun than it is about Money. Somehow, I don't see Michael "setteling out of court" if the case is going their way.

hrmmm

[ShadowRage]

My grandmother has called those clear things on the walls that let you look outside windows for years, and many generations before her have..

now because of some fairly recent upstart compared to the time the term has been used, now has exclusive rights to call that their name and property?
It's like McDonalds Suing the McDonald Clan for use of "their" name. (which I think actually happened)