Microsoft, Lindows.com head to court Wednesday

Lindows.com Inc. and Microsoft Corp. are set to argue their sides in the latest twist of a prolonged, international trademark battle before a Seattle judge Wednesday.

Lindows said Monday that U.S. District Court Judge John C. Coughenour had granted it an expedited hearing for a motion seeking to stop Microsoft from suing the company abroad until the case had been decided in the U.S. and to declare an Amsterdam judge's preliminary injunction against it as unenforceable and non-recognizable.

In its motion, Lindows claimed that "U.S. courts have the power to enjoin persons subject to their jurisdiction from prosecuting a foreign lawsuit." Lindows said that the U.S.court has jurisdiction over Microsoft and may stop the company from "filing and maintaining parallel foreign lawsuits."

The scheduled hearing represents just the latest legal showdown between the two software vendors since Microsoft initially sued Lindows for trademark infringement over the similarity between the Lindows and Windows names in December 2001. The original suit was filed in the U.S. but Microsoft has twice been denied an injunction on its home turf and the trial has been delayed.

The Redmond, Washington, software giant has since taken legal action against Lindows in several European countries, and has won victories in Finland, Sweden and the Netherlands.

In January, an Amsterdam judge barred the company from using the Lindows name in Belgium, the Netherlands and Luxembourg (the Benelux countries). However, earlier this month the San Diego, California, Linux-based software vendor said that Microsoft has since requested that it be fined Euro 100,000 (AUD$163,550) a day for allowing its Web site to be accessed by visitors in the Benelux countries. A hearing to consider the fines has been set for March 30.

Lindows said that it has already recalled its products from these countries and posted a notice on its Web site that it is unable to sell to customers in Benelux, but that it is impossible to keep visitors from the countries from accessing its site.

In its motion for an expedited hearing on the matter, Lindows alleged that Microsoft was using the Netherlands injunction to shut its Web site down. The company called for an "anti-suit injunction" and said that without it, "Microsoft can effectively conduct an end-run around the Court's jurisdiction and substitute the judgement of a foreign court for a U.S. jury."

With the expedited hearing granted, the companies will be given 20 minutes each to argue their sides in the matter. European representatives for Microsoft were not immediately available to comment on the hearing Monday.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Scarlet Pruitt

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?