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

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.

Stacy Cowley

PC World
Show Comments

Brand Post

Shining a light on creativity

MSI has long pushed the boundaries of invention with its ever-evolving range of laptops but it has now pulled off a world first with the new MSI Creative 17.

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?