Ruling clears way for Lindows trial

Linux software maker Lindows said Monday that an appeals court had turned away an appeal from Microsoft in the two companies' ongoing trademark spat, setting the stage for a trial later this year.

In the case, Microsoft is alleging that the company's Lindows operating system software infringes on Microsoft's Windows trademark, while Lindows claims that Windows is a generic computing term.

Microsoft had appealed a February ruling in which a federal judge ruled that the term is a generic one if it was generic in November 1985, when Microsoft introduced Windows 1.0. Last week, an appeals court declined to hear Microsoft's motion to appeal that ruling.

"We're looking forward to getting this trial back on the fast track and presenting our piles of evidence--videos, magazines, internal Microsoft documents--which clearly show the generic use of 'windows' before Microsoft commandeered the word," Lindows CEO Michael Robertson said in a statement. "This outright denial of Microsoft's appeal confirms that the trial will focus on how consumers and the software industry used the term 'windows' in the 1980s, before Microsoft dominated the landscape."

Lindows said that the appeals court ruling will allow a trial in the second half of the year, with Robertson, Microsoft Chairman Bill Gates and CEO Steve Ballmer all on the witness list.

Microsoft spokeswoman Stacy Drake said the company is ready for trial.

"The court of appeals decision clearly moves up the timeline in this process, but we are confident in our case and prepared to go to trial," Drake said. "This is an important trademark principle and one we are prepared to vigorously defend in court."

The federal lawsuit is just one of several legal battles between the two software makers. Microsoft has also sued the company in Canada and in Europe.

Following a Dutch court ruling, Lindows has rebranded its product line with the name "Linspire" and changed its Web address. No date for the trial has been set.

[Earl Benser]

So what's new????

MS Management understands neither ethics or honesty. They
form the 800 pound gorilla who does whaatever he damn well
pleases, especially since the 800 pound gorilla has the money to
buy off (or bury) damage claims.

Don't expect MS to do anything that doesn't pump the MS
bottom line, the rest of the world be damned.

[duncangibb]

Generic terms

CN> Lindows claims that Windows is
CN> a generic computing term.

Actually, I think they claim that "windows" is a generic term. Which it is, as featured in my 1991 edition of the Chambers Science and Technology Dictionary.

[Kelly Kinsey]

Windows -- Lindows, who cares?

I like Windows. I like Microsoft. I even like Lindows or Linspire, whatever the name is. I wonder if a tire company came along and clled itself GoodCentury Tire Co., if Goodyear would raise hell. Or if they would have a leg to stand on in court. Somtimes Microsoft just wants to be a bully I think. But with 50 billion dollars, I guess it can. Thank goodness there are judges. I feel sorry for Lindows having to spend all that money though. And maybe that's what Microsoft is betting on -- Lindows spending ALL their money.