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Microsoft's Windows Trademark Appeal Fails

Microsoft's Windows Trademark Appeal Fails

In a simple two-sentence decision, the United States Court of Appeals for the Ninth Circuit flatly turned down Microsoft's shot at a rare interlocutory appeal aimed at getting a court to declare that its own Windows trademark, acquired under some murky circumstances, is legitimate because the judge hearing Microsoft's trademark infringement suit against Lindows has sworn to throw the question of whether it is or not to the Lindows jury.

The appellate court's rejection leaves the precious Windows trademark in serious jeopardy. The court did not say why it rejected Microsoft's motion.

In defending itself against Microsoft's challenge to its obviously derivative name, Lindows has claimed that the word Windows is generic and always has been and that Microsoft's trademark is invalid.

Microsoft was granted a special dispensation to pursue the failed appeal before the Lindows trial even started.

Microsoft has had little luck with the Lindows suit in Judge John Coughenour's court, which is hearing the case, but European courts proved more sympathetic to Microsoft's arguments and Lindows, pre-trial, was forced to change the name it does business under and the name of its Linux operating system to Linspire.

The special Microsoft appeal postponed the US district court case, which was supposed to start on March 1, and Lindows complained that it was merely a delaying tactic that would also force Lindows to spend more of its limited resources on lawyers.

The failure of Microsoft's motion puts the trial on a schedule to be heard in the second half, a chortling Lindows said. It should run about two weeks and Bill Gates and Steve Ballmer are supposed to testify.

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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Most Recent Comments
riffraff 06/01/04 09:13:02 AM EDT

http://www.ucomics.com/helen/2004/05/27/

Alfred Riccomi 05/29/04 12:27:52 PM EDT

I am concerned about the possibility that Microsoft might lose its rights to the name "Windows" as one of its trademarks, because that might put at risk my claim of the exclusive rights to the name "doors" as my trademark.

Arthur Guy 05/28/04 05:15:33 PM EDT

It is time for microsoft to stop using the word "windows"
for it causes me confusion in my home maintanence business
respecting what is installed for people to look through.
Signed, Zindows.

David 05/28/04 04:52:17 PM EDT

This is a good sign indeed. While it's true that Lindows is a play on Windows, at least it's more protectable than windows by itself. After all, Linux + Windows = Lindows, a unique word that only they use. Windows never had such a winner since X Windows and GUI-based windowing have existed long before MSFT gave up the sad DOS prompt.