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Time:
06:20 EST/11:20 GMT | News Source:
Reuters |
Posted By: Julien Jay |
Microsoft Corp. said on Thursday it is suing a small software company called Lindows, claiming that name infringes the trademark of the software giant's flagship Windows operating system. In a complaint filed in the U.S. District Court for Western Washington, Microsoft is seeking to force a name change of the Lindows software, which is a version of the Linux operating system capable of running programs made for Windows. "We're not at all asking the court to stop or prevent the company from making the product, we're simply saying it shouldn't use a name that confuses the public and infringes our trademark," Microsoft spokesman Jon Murchinson said. A Lindows spokeswoman said they had not seen the complaint yet and had no immediate comment.
Microsoft said it has spent $1.2 billion over the past 18 years to market and promote Windows, which runs an estimated 90 percent of the world's personal computers, and that Lindows threatened to damage the brand value. "The similarity between the Lindows and Windows marks is likely to lead consumers to mistakenly conclude that the Lindows product was exclusively or jointly developed by, licensed or certified by, or otherwise sponsored or approved by Microsoft," Microsoft said in the complaint. Redmond, Washington-based Microsoft hoped to resolve the dispute out of court, Murchinson said.
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#1 By
116 (129.116.86.41)
at
12/21/2001 9:49:03 AM
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Does everything clear in your house run office, photoshop, and all other windows applications?
Hey macross, why don't you think about what you write before you comment and save me the time for pointing out what a dunce you are.
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#2 By
2960 (156.80.64.164)
at
12/21/2001 9:53:54 AM
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Ok, so rename it:
Lindoes.
Or LinToes.
or "We are not Windows"
or "We'reTheOtherGuy".
On second thought, the original name is fine. I'm sure not confused...
TL
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#3 By
116 (129.116.86.41)
at
12/21/2001 10:11:04 AM
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Thats not the point TL.
Its a blatent trademark violation. They say there Lindows can run most Windows Application which puts it in direct competition with Windows.
I would hope that you could tell the difference between the two, but that isn't the point. The point is they are trying to rip off MS windows franchise.
I guarantee MS will win this case if it goes all the way to court.
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#4 By
2 (12.226.195.102)
at
12/21/2001 10:35:05 AM
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We used to be called ActiveWindows. End of Comment.
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#5 By
20 (168.215.253.242)
at
12/21/2001 10:40:48 AM
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The whole point of trade marks is to prevent confusion in the marketplace. And consumers are already very confused, you don't want your competitors confusing them any further.
By having a competing product with a name very similar phonically and in spelling, you create confusion in the marketplace.
Also, unfortunately, ActiveWindows might confuse a less-intelligent user that this sight is somehow affilitated with, or sponsered by Microsoft, which it is not, as I'm sure Mr. Stein can tell you.
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#6 By
2 (12.226.195.102)
at
12/21/2001 10:49:11 AM
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Well, our little dispute three years ago resolved very amicably. So there is no problem. :-)
And, we aren't affiliated with them.
(P.S. - Bill, don't forget to call me for lunch again!) lol j/k
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#7 By
61 (65.34.110.20)
at
12/21/2001 11:01:42 AM
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#12..... ok.... you make no sense there.
It is in fact Lindows that is trying to emulate MS.
Hell, it's the whole damn Linux community that tries to emulate MS, not the other way around.
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#8 By
135 (209.180.28.6)
at
12/21/2001 11:04:07 AM
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The name Lindows was chosen for a reason. That reason was to leverage the name Windows to sell a product which performs a extremely similar function in the same marketspace.
It's obviously a trademark infringement.
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#9 By
116 (129.116.86.41)
at
12/21/2001 12:10:54 PM
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#15 Wrote :
Nope. Neither does Lindows.
What's *your* point in asking?
The point is that Lindows is a direct rip off of windows. It purports to run most windows applications using a new and improved lindows version of wine. Wine lets you run windows applications. My point was to point at to Stubear is that MS doesn't sue clear see through manufacturers of things that use the name Windows. They do however sue companies that infringe their trademark in a directly competing product.
There did I dumb that down enough for you?
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#10 By
116 (129.116.86.41)
at
12/21/2001 1:51:23 PM
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Ohh poor little boy did I hurt your feelings? Yeah lets wait and see shall we? I can almost guarantee this wont ever go all the way to court. Lindows is going to fold, or change their name. You know open source people don't have a spine anyways...
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#11 By
20 (168.215.253.242)
at
12/21/2001 2:10:52 PM
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#28, please remove your head from the sand. Simply because you refuse to accept common sense and facts doesn't mean you can call people "MS lovin'".
My brother is a J.D. and is registere with the Bar in the state of Indiana and Illinois.
He says, "the legal hurdle 'Lindows' faces is the issue of whether the name 'Lindows' substantially reminds people or, or misleads them into believing that they are dealing with, another trademarked-company"
"it's [Lindows] using a trade name to inpsire folks to take interest - and that is usually worng"
"It is doing damage to MS and is causing people to believe that Lindows is a valid substitue for MS Windows, thus taking market share from MS-Windows"
However, he says, "you'd have to have concrete proof that Lindows was confusing people and stealing business."
"in a few months, what MS could do is track BBB reports and complaints to the State that they thought they were buying Windows, but got duped. That'd be the proof."
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#12 By
1845 (12.254.240.94)
at
12/21/2001 2:24:02 PM
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#27 Microsoft has been sued for trademark violation in the past. Most recently over the name "XBOX". Microsoft was able to settle out of court with the "XBOX" trademark holder though, so the launch continued as planned. Microsoft, like any other entity governed by the laws of the United States, is subject to them. That also means that other companies are subject to them.
With respect to the wisdom in trademarking a common word, that is a different matter. The fact is that Microsoft has trademark. Unless the trademark is revoked, they have every legal right to defend it.
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#13 By
135 (209.180.28.6)
at
12/21/2001 3:00:59 PM
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#28/33 - ""It's obviously a trademark infringement" - Guess what, it won't be obvious until a court says so. "
Court's do not decide on the obvious, they decide on the rule of law.
As I said, it's quite obviously a trademark infringement. I guess I don't see the point of your arguing against that. Who cares? This Lindows company is nothing more than a vaporware provider and doesn't deserve the free publicity.
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#14 By
2 (12.226.195.102)
at
12/21/2001 3:54:57 PM
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#39 - It means I walked away smiling rather than filing Chapter 11 papers.
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#15 By
116 (129.116.86.41)
at
12/21/2001 4:04:04 PM
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LOL #28 you crack me up. If your dander got all fluffed its ok. I don't know anyone that named you forum nazi so unless I violate ActiveWin's posting policy then I can say whatever I want be it wrong or right. If you read forums and don't realize that everything mentioned is an opinion by very nature of being posted to a forum then you need some education.
In other news 28 what you see is on TV is not real. And oh yeah Santa Claus. . . Doesn't exist.
RA
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#16 By
2960 (24.168.205.214)
at
12/22/2001 11:55:45 PM
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#9, by your theory I have exactly 13 Microsoft Patent Violations insice my house, and 6 of them in my car.
I wash them as often as I can.
TL
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#17 By
2960 (24.168.205.214)
at
12/24/2001 9:17:29 AM
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Stubear,
Oh, you SO funny!
TL
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