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Microsoft and Lindows Settle Trademark Case

An anonymous reader writes "According to an official press release hosted over at Yahoo, Microsoft and Lindows have settled their trademark case, and have announced: 'Over the next few months Lindows will cease using the term Lindows and transition to Linspire globally as our company name and primary identifier for our operating system product.' Although it's claimed: 'Terms of the settlement are confidential', ZDNet has an article filling in more details, including the fact: 'Microsoft will pay upstart Linux seller Lindows $20 million... [so that Lindows] will give up the Lindows name and assign related Web domains to Microsoft.'" We've previously covered the Microsoft and Lindows conflict in some detail.

10 of 305 comments (clear)

  1. What a cop out! by linuxci · · Score: 4, Insightful

    I was hoping that Lindows would have went all the way to prove that the Windows trademark is too generic a term to be valid. Instead they take the easy option and go for the cash.

    Although I guess you probably would find it difficult to refuse MS cash if you were a company.

    1. Re:What a cop out! by mahdi13 · · Score: 4, Insightful

      If someone offered me $20 Million dollars to change my name I would in a heartbeat!
      Expecially if it was a dumb sounding name to begin with!

      The only part of this deal that I don't like is turning over the domain name...just what does Lindows have to do with Windows?
      Of course, I guess that's what this whole case was about =)

      --
      "Some things have to be believed to be seen." - Ralph Hodgson
    2. Re:What a cop out! by DarkBlackFox · · Score: 4, Insightful

      While I have no love for Lindows, and certainly less for Microsoft, the settlement does seem like the most logical thing to do, in a purely business sense. Lindows/Linspire is struggling to make a name for itself in the Windows -> Linux market, and certainly needs money to sustain it's business. Now, with a case like this one here, is it more profitable to accept the settlement over a relatively trivial issue (read: not directly affecting business), or continue a legal battle with one of the largest, richset corporations in the world.

      On the one hand, they make some quick cash to help their business grow. On the other, they fight against a company with enough money and legal resources to continue a trial for decades. It only makes sense that they take a profit over a loss, considering the legal fees involved with an extended trial.

  2. I love it! by Anonymous Coward · · Score: 5, Insightful

    MS sues and Linspire walks away with $20M to use against MS to make their product and Linux better.

    Sweet!!!

  3. M$ puts out the cash! by Southpaw018 · · Score: 5, Insightful

    Know what? Arguments about how MS is trying to enforce an "overly broad Windows trademark" are now moot. The settlement shows that Microsoft is aware that they cannot force names like Lindows to stop just because of a similarity, but they ARE willing to pay out to keep a monopoly. And know what? That's damn fair.

    --
    ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
  4. Two reasons by A+nonymous+Coward · · Score: 4, Insightful

    One, 20 million dollars is 1/3000th of their cash hoard. A movie ticket to someone making $250,000 a year salary.

    Two, there was a real danger of losing their trademark on Windows as being generic.

  5. This really boggles the mind by Anonymous Coward · · Score: 5, Insightful

    You guys are happy that people can extort money from a company by naming their products something similar?

    Whether you like it or not, whether its trademarkable or not, people associate 'Windows' with Microsoft Windows. Naming their product 'Lindows' was an attempt to be leach off of a brand name.

    This is so obvious to anyone who isn't blinded by dumb hatred of anything Microsoft. If there was any OSS software that was popular amongst the novice computer-user masses, and MS named a competing product almost the same thing, there would be OSS bedwetter outcry galore.

    This dishonest crap of changing one letter in a name, or naming it something very similar, or making the logo similar, has been going on for far too long; long before commerical computer programs. Its BS, no matter what medium its in. Don't applaud it.

    1. Re:This really boggles the mind by Kevin+Burtch · · Score: 4, Insightful


      They didn't extort money from Microsoft!
      Microsoft OFFERED them money to kill off the lawsuit that Lindows launched to try and revoke their illegal "Windows" trademark.
      In this sense, Microsoft "legally" bribed them to not go to court... think about that for a minute.

      The term "windows" (to mean a paned graphical user interface) was in use for _many_years_ before Microsoft decided to claim it as their own.

      Microsoft threw their weight around to get this trademark.

      Do you think it's fair that giga-corporations can patent and trademark anything they feel like just because they have more money than a smaller company?

      --
      - Preferences: Solaris 10 (servers), Ubuntu (desktops), Solaris 11 (personal servers) -
  6. maybe they should come at it a different way by hGMFliP · · Score: 5, Insightful

    Instead of playing off the *indows theme, maybe choose a name that plays off it, but is not directly related, like "Doors," or "Steps," or something.

    It seems knock-offish I know, but imagine the advertising possibilities:

    "Why look through a Window when you can walk through a Door"

    or

    "Make sure you take the right Steps to yada yada yada..."

    ...I dunno... sounds hokey.. but it sends subtle jabs to Windows without infringing directly on copyright..

    --
    This message was posted using recycled electrons.
  7. MR fought pretty hard by 0x0d0a · · Score: 5, Insightful

    Actually, MR has been in the trenches quite a bit.

    He was one of the first people to try challenging Microsoft for the desktop head-on.

    He managed to grab $20M in funding from Microsoft.

    He funded the "run Linux on the XBox awards" that partly funded the practical breaking of the XBox DRM, which probably cost Microsoft quite a pretty penny in lost royalties.

    MR may not be a nice person. He may not even be someone that you want associated with Linux. You could argue that he hits below the belt when he fights. But one thing you can't say is that he wasn't fighting against Microsoft, because he did, more so than just about anyone out there -- he walked up, challenged Microsoft, and has been steadily beating them, abeit with a thousand little stabs. He's managed to cut himself a nice little niche out of Windows market share while staying about as high-profile at Redmond as could possibly be imagined. He's one of those rare beasts -- a competent exec.

    He's hardly sold out -- he now has a slightly changed product name (that personally, I find more appealing), a good chunk of money, plenty of publicity from the case, and based on what he's done so far, I expect that he'll do fine for himself.