Lindows.com summary judgment motion dismissed

A judge dismissed Lindows.com's motion for summary judgment last week in its trademark-infringement tangle with Microsoft, leaving the issue to be decided at a jury trial scheduled for April.

Microsoft filed suit against Lindows in the U.S. District Court in Seattle in December 2001, charging that "lindows" infringes on Microsoft's Windows trademark. Lindows.com's counterargument is that "windows" is a generic term for graphical software interfaces.

Lindows.com, based in San Diego, sells a Linux-based operating system, LindowsOS, intended to compete with Microsoft's Windows OS at the low end of the market.

Microsoft initially sought to have Lindows.com barred from using the "lindows" term while the case was being decided. The court rejected that request, after which Lindows.com filed for summary judgment.

Both Lindows.com and Microsoft have presented significant evidence arguing their respective sides of the trademark issue, Judge John C. Coughenour wrote in his decision. Because there is a "genuine issue of material fact regarding the genericness of the Windows mark," the court rejected the summary-judgment motion, he said.

Lindows.com is disappointed by the denial of its motion but heartened by the court's rejection of some of Microsoft arguments, Lindows.com Chief Executive Officer Michael Robertson said in a statement.

Microsoft hailed the court's refusal to rule the Windows trademark generic, and said it is ready to head to trial.

"For the last 20 years, Microsoft has built Windows into one of the most recognizable brands in the world, and we don't think Lindows should be allowed a free ride on our investment," said spokesman Jon Murchinson.

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.

Stacy Cowley

PC World
Show Comments

Essentials

James Cook University - Master of Data Science Online Course

Learn more >

Mobile

Victorinox Werks Professional Executive 17 Laptop Case

Learn more >

Sansai 6-Outlet Power Board + 4-Port USB Charging Station

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?