| By Maureen O'Gara | Article Rating: |
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| May 14, 2004 12:00 AM EDT | Reads: |
13,645 |
It isn't content with the fact that it forced Lindows into changing its brand name in order to do business in foreign markets where Microsoft has dragged the upstart into court for trademark infringement.
Microsoft has filed a new complaint with the Dutch courts, which banned sales of Lindows products and forbid the name Lindows to be uttered in the Benelux. It's asking that the 100,000-euro a day fine that the Dutch court threatened Lindows with be levied. It seems Lindows may be styling itself Linspire overseas but the US-required copyright notice that appears in tiny text on the bottom of some of Linspire's Web site pages still reads Lindows.
Lindows CEO Michael Robertson is screaming "uncompetitive," "unreformed bully," "bad corporate citizen" and "monopoly maintenance." He complains that he's not selling anything in the Netherlands under either the Lindows or Linspire name. He says the term "Lindows" is only used on the Web site except for corporate and copyright identification.
Published May 14, 2004 Reads 13,645
Copyright © 2004 SYS-CON Media, Inc. — All Rights Reserved.
Syndicated stories and blog feeds, all rights reserved by the author.
- Lindows to Adopt Foreign Alias
- Microsoft Pretty Much Gets its Way with Lindows
- Lindows Wants to Go Public
- Linspire/Lindows Under Attack Again from MS Lawyers
- Microsoft's Windows Trademark Appeal Fails
- Triumphant Lindows Inc CEO Tells Microsoft: "Compete in the Marketplace, Not the Courtroom"
- Lindows Back in Business in Benelux
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.
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Edward Gore 05/15/04 05:31:55 PM EDT | |||
Well, I like to root for the underdog as much as anybody, but Mr. Robertson largely brought this on himself. Has he ever heard the old saying 'Let sleeping dogs lie.'? Or how about 'Don't antagonize one's enemies.'? Microsoft, like any trademark holder, is legally obligated to enforce what it believes are its trademark rights against all of its percieved infringers. It is irrelevant whether Microsoft wins or loses. If a trademark holder in the United States fails to take affirmative enforcement action against an infringement of one of its marks, then it may lose all trademerk rights to that mark. An example would be 'cellophane'. Whoever once owned that trademark lost the rights to it because they didn't defend their mark, and it slipped into ther english language. "Xerox' is another trademark that may be in danger of becoming a verb. How many times have you heard one say they had xeroxed something? I don't believe Microsoft has a case in the U.S., however I am not as familiar with the law in other countries. As I understand things, windows is an english noun, and was so long before Mr. Gates was a gleam in his father's eye. However in the countries where Microsoft has prevailed, English is not the official language, which may give Microsoft some legal foundation upon which to base a trademark claim for the term 'Windows', since that particular word is probably not even in the official languages of those countries. In any case, any CEO worth his salary would never deliberately pick a fight with such a well heeled adversary as Microsoft without fully understanding the legal ramifications. Just my two cents worth. |
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