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Lindows Judge Offers Microsoft a Deal on Windows

Lindows Judge Offers Microsoft a Deal on Windows

The US court hearing Microsoft's trademark infringement suit against Lindows has proposed a trade-off.

Lindows asked the court to stop Microsoft from routing it out of foreign markets, and the judge, bowing to Lindows' wishes to hear its plea on an expedited basis, listen to what everyone had to say on Wednesday. He then suggested that Microsoft refrain from harrying Lindows in Europe and Canada and in exchange he'll let Microsoft appeal his decision that as part of this whole affair a jury has to decide whether Windows is a generic word or not.

The offer could mean a lot to Microsoft since Lindows successful turned the tables on it and is challenging Microsoft's rights to the Windows trademark. Presumably if Windows wins the appeal, Lindows' position will be significantly weakened, but so far Microsoft ain't biting, telling Lindows to take up its problems in Europe with the local judges.

Lindows complains that Microsoft is forcing it to shut down its Web site, may force it out of business and could force it to change its name despite how the US rules.

Lindows isn't depending solely on how the judge works its motion out.

Since Microsoft has successfully barred Lindows.com from the Benelux under threat of a court-imposed $125,00-a-day fine, Lindows is asking its supporters to think up a new name it can use in places where Microsoft has checkmated its advance with a trademark infringement blockade.

Lindows says, "It's tremendously disruptive to a business to change a name or add an alias, but it may be the only way in the short-term that we can operate in certain places."

It says suggestions should be sent to temporaryName@lindows.com, and that it'll be "investigating the feasibility of utilizing an alternate name to ensure that vendors can do global distribution deals."

Lindows claims the move is only "temporary," but if Microsoft prevails in the US - where things haven't exactly gone well for the giant - presumably Lindows would rebrand itself with the new name.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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Most Recent Comments
Jacky 03/27/04 06:05:25 PM EST

No grammar checker in Linux, Maureen?

Bruce Hogman 03/27/04 09:03:32 AM EST

I presume that the latest EU fine against Microsoft can be used as ammunition in Benelux countries to reverse the recent rulings against Lindows on appeal.

David 03/26/04 08:06:39 PM EST

Just insanity that a judge would allow a company to even consider that it owns a trademark on windows. First, there was "X Windows" from MIT that predates Microsoft, and is clearly where Microsoft got the name from. Next, programming has called those rectangular panes "windows" for some time, including on the Mac which also predates Microsoft's use.

It's a shame that a company can just spend lots of money and claim they've built a brand around a well established word and then demand that people who use it are in violation of their trademark.