[pchelpers] Lindows vs Microsoft spat hits new turf

For you folks interested in alternative operating systems...
http://www.silicon.com/software/os/0,39024651,39118540,00.htm
February 20 2004
by David Becker
Canada takes the legal stage

Microsoft has expanded its legal battle against Linux seller Lindows, 
suing the software maker for trademark infringement in Canada.

A Microsoft representative confirmed that the suit was filed late on 
Wednesday in the Federal Court of Canada in Ottawa.

The suit makes trademark claims similar to previous cases filed in the 
United States and Europe and seeks an injunction barring Lindows from 
doing business under that name.

The US suit, filed shortly after Lindows went into business, claims the 
company's name infringes on Microsoft's trademark for its Windows 
operating system. Lindows, which sells a version of the open-source 
Linux operating system with an interface similar to Windows, argues the 
Microsoft trademark is invalid because "window" was a generic computing 
term at the time it was granted.

The judge hearing the US cases has sided with Lindows in denying 
Microsoft's requests for an injunction against the company. The judge 
also recently ruled in Lindows' favour in declaring that the jury must 
consider use of the term "windows" around the time the trademark was 
granted. Microsoft plans to appeal that decision, further delaying the 
trial.

Microsoft has filed similar legal actions in several European countries, 
where it has been more successful with injunction requests.

Lindows chief executive Michael Robertson said Microsoft is expanding 
the case globally mainly as a punitive business tactic against a 
competitor. "We've been selling to Canadian customers for more than two 
years, and Microsoft hasn't said a word," he said. "This is just trying 
to pile on lawsuits to slow us down."

The Microsoft representative said Microsoft must protect its trademarks 
to retain them. "Microsoft's actions in Canada are only about the 
Lindows name," the representative said.

David Becker writes for CNET News.com

-- 
Regards, John Durham <http://modecideas.com/contact.html?sig>
ICQ number 112663246
Fax/Phone 64 4 5286786
Award winning web site at http://modecideas.com?sig
Order my latest e-book at http://modecideas.com/dmaxhits.htm?sig
PC-HELPERS list subscribe/unsub at http://modecideas.com/discuss.htm?sig
Good advice is like good paint- it only works if applied.



Regards, John Durham (list moderator) <http://modecideas.com/contact.html?sig>
Freelists login at http://www.freelists.org/cgi-bin/lsg2.cgi
List archives at http://www.freelists.org/archives/pchelpers
PC-HELPERS list subscribe/unsub at http://modecideas.com/discuss.htm?sig
Good advice is like good paint- it only works if applied.

Other related posts: