U.S. Dist. Court, Seattle, judge denied request by Microsoft to b...
U.S. Dist. Court, Seattle, judge denied request by Microsoft to block San Diego software company from calling itself Lindows.com and its Linux-based programs LindowsOS. Microsoft’s complaint charged Lindows.com with trademark infringement and unfair competition under Lanham Act. Software giant…
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argued use of names Lindows.com and LindowsOS traded off goodwill of Windows trademark and would cause confusion among prospective buyers of Windows products and dilute ability of Microsoft’s trademark to distinguish its products from competing products. Judge John Coughenour said “at most, Microsoft has raised serious questions about the validity of its trademark, but has fallen short” of showing Lindows.com should be prevented from using names as part of its business. He also said “there is indirect evidence that Microsoft considered Windows to be generic at the time it began using the trademark” -- so much so that when company first released Windows in 1985 it referred to operating system as “Microsoft Windows 1.0.” That, he said, “suggests that in order to distinguish the product name from the generic class of GUI products in the market, Microsoft needed to add the company trademark to the product name.” Coughenour said “it is also telling” that Microsoft still marketed Windows as “Microsoft Windows.” In conclusion, he said: “The court also finds that the balance of hardships does not tip sharply in favor of Microsoft.” Commenting on ruling, Lindows.com CEO Michael Robertson said: “We're obviously satisfied with the court’s ruling. Our hope is that we can move beyond the courtroom and focus on our goal of bringing choice back to the PC business. Microsoft constantly appeals for the ‘right to innovate.’ I hope they will allow us to roll out our… operating system, which will cost a third of Microsoft’s products, without further impedance.” But he said: “We've shown we can defend ourselves against a much larger corporation and we'll continue to battle in a trial if necessary.” Robertson is no stranger to court battles: He was founder and former CEO of Web music service MP3.com, which fought major record labels for months. It was unclear Mon. whether Microsoft planned to continue battle. Microsoft spokesman didn’t return call for comment by our deadline.