IP: Judge: MS claim to 'Windows' in doubt

[David Farber <dfarber () earthlink net>]

Judge: MS claim to 'Windows' in doubt
By Lisa M. Bowman
Special to ZDNet News
March 18, 2002, 10:45 AM PT
URL: http://zdnet.com.com/2100-1104-862516.html

Microsoft suffered a minor legal setback Friday when a federal judge 
questioned the software giant's claim on the word "Windows."

In December, Microsoft sued operating-system maker Lindows.com, claiming 
the 6-month-old company was illegally taking advantage of its Windows 
trademark and potentially confusing customers.

However, in a preliminary ruling issued late Friday, U.S. District Judge 
John Coughenour said the suit raised "serious questions" about whether the 
word "Windows" is entitled to trademark protection.

"Although Lindows.com certainly made a conscious decision to play with fire 
by choosing a product and company name that differs by only one letter from 
the world's leading computer software program," Coughenour wrote, "one 
could just as easily conclude that in 1983 Microsoft made an equally risky 
decision to name its product after a term commonly used in the trade to 
indicate the windowing capability of a GUI (graphical user interface)."

The judge also refused Microsoft's request to immediately shut down the 
Lindows site and stop the smaller company from using the word "Lindows." 
Instead, those issues may be decided at trial.

San Diego-based Lindows.com, which is headed by former MP3.com CEO Michael 
Robertson, is developing a Linux-based operating system that runs 
Windows-based programs.

"We're obviously satisfied with the court's ruling," Robertson said in a 
statement. "Our hope is that we can move beyond the courtroom and focus on 
our goal of bringing choice back to the PC business."
Microsoft did not immediately respond to requests for comment.

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