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 :) ?

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.

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.