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Microsoft suit against Lindows.com heads for trial | |
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||
| Time: 06:36 EST/11:36 GMT | News Source: Bloomberg | Posted By: Bill Roach | ||
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Microsoft's lawsuit against Lindows.com is headed for trial after a federal judge this week threw out the Linux-based software maker's bid to dismiss the case over the Windows trademark. Microsoft contends that the Lindows.com name is an attempt to take advantage of the popularity of its Windows operating system, which runs on more than 90 percent of the world's personal computers. U.S. District Judge John Coughenour in Seattle ruled Wednesday that Lindows.com will need to prove at trial that Windows is a generic name. | ||
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| #1 By 5948 (216.62.218.207) at 1/24/2003 7:56:01 AM |
| Man, Lindows is going to lose this case big time, based on the judges statement! Windows is hardly a generic name and it's plain as anything that Lindows is an attempt to profit from the Windows trade name! |
| #2 By 7390 (63.211.44.114) at 1/24/2003 7:57:48 AM |
| Don't worry all, if Lindows looses this will live in the appeal courts forever. |
| #3 By 7711 (12.107.81.66) at 1/24/2003 9:26:33 AM |
|
If I call anything "Mc"something, food related or not, McDonald's lawyers will be on me like a ton of french fries. You are not confusing my product with theirs, I am taking advantage of the brand recognition of "Mc"Donald's.
Lindows, especially since it is in the computer field (as opposed to my previous example) is blatantly taking advantage of the Windows brand name recogition. Windows, especially when used in context of an OS, is not a generic name when used in the computer field. |
| #4 By 7390 (63.211.44.114) at 1/24/2003 10:13:54 AM |
|
jimlat, are you a patent/trademark/copyright expert? :P
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| #5 By 3653 (63.162.177.140) at 1/24/2003 10:49:46 AM |
| Any creative thinkers out there want to suggest a new name for Lindows? |
| #6 By 7711 (12.107.81.66) at 1/24/2003 10:58:21 AM |
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#4: no, I'm a "reasonable man" (legal term).
I make a linux-based OS that looks and acts like Windows (copyrighted product name). I call it Lindows because it's a Linux product that looks like Windows. Reasonable question: is that name taking advantage of the brand name recognition of Windows? I'm not talking confusing the names...that's a different trademark issue. Courts use the "reasonable man" test all the time in all types of cases (and no I'm not a lawyer either...I'm a physics teacher). |
| #7 By 1643 (207.46.137.250) at 1/24/2003 11:00:33 AM |
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Blunders
WINEdows Linux&WINE...a so-so good time IShouldn'tHaveHypedWindowsInterop |
| #8 By 3653 (63.162.177.140) at 1/24/2003 11:35:28 AM |
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linDOHs
linsux 321bankrupt |
|
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