Lindows to court: 'Windows' is generic term

Software maker Lindows.com Inc. said Tuesday that it has filed for a summary judgment in its battle against Microsoft Corp., claiming that the similarities between the Lindows and Windows names do not impede on Microsoft's trademark since "windows" is a generic term for a type of software product.

Lindows, which offers a low-cost Linux-based operating system (OS) which runs a variety of programs, including applications written for Microsoft's Windows OS, was originally sued by the Redmond, Washington, software behemoth last year over trademark infringement claims related to the Lindows and Windows names.

San Diego, California-based Lindows claims, however, that "windows" is a generic term, commonly understood by consumers as a key feature of modern graphical user interfaces. Therefore, Microsoft cannot hold sole claim over the term, Lindows said in its summary judgment request filed Oct. 3 in the U.S. District Court for the Western District of Washington.

"Graphical user interfaces that feature the use of the term 'windows' have, since the late 1970s, been referred to as 'windows programs,' 'windows interfaces,' 'windows systems,' and 'windows managers.' Thus, the term 'windows' has been used as a generic term for a category of computer software products for over 20 years," the motion says.

However, responding to the motion Tuesday, Microsoft Spokesman Jim Desler said, "Windows is one of the most highly recognized brands because of years of hard work and billions of dollars in investment."

"We will vigorously oppose any attempt to infringe on this trademark or have it diluted by copycat brands," Desler added.

Lindows claimed that it has met the burden of proof in rebutting the validity of Microsoft's claims in the case and is seeking a summary judgment on all claims asserted by Microsoft, as well as Lindows' counterclaims.

A Lindows spokeswoman could not give a timeline Tuesday on when the motion would be considered, saying it was up to the court.

Join the newsletter!

Or
Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Scarlet Pruitt

PC World
Show Comments

Essentials

Mobile

Victorinox Werks Professional Executive 17 Laptop Case

Learn more >

Exec

Budget

Back To Business Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

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.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

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?