In latest development in legal battle between Microsoft and Lindo...

based programs LindowsOS (CED May 20 p2). Microsoft’s original complaint charged Lindows with trademark infringement and unfair competition under Latham Act. Software giant argued that use of names Lindows.com and LindowsOS traded off goodwill of Windows trademark to distinguish its products from competing products. In 7-page decision in May, U.S. Dist. Court, Seattle, Judge John Coughenour said his March 15 ruling denying Microsoft request to shut down Lindows was appropriate despite Microsoft’s claims to contrary. Coughenour had said in March that “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. In latest motion filed by Lindows, company contended that, since late 1970s, graphical user interfaces had been referred to as “windows programs,” “windowing interfaces,” “windowing systems,” “window managers.” Lindows said it had “investigated the matter further, taken depositions of current and former Microsoft employees, and gathered additional evidence to establish conclusively the terms’ generic usage during the critical 1980-1984 period.” Lindows said “for the purpose of this motion and for the remainder of the case, Microsoft is no longer entitled to the statutory presumption of validity [and] Microsoft now has the burden or proving that the Windows mark falls into a protectable category.” Microsoft comment was unavailable by our deadline. Separately, Lindows said it had signed deal with U.K. PC maker Evesham Technology to bundle LindowsOS on latter’s computer systems in Europe.