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Windows Possibly Generic Says Judge, Using Microsoft's Own Evidence |
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ZDNet News reports that Microsoft has suffered another setback in its trademark lawsuit against Lindows (Lindows ruling knocks Microsoft back). LindowsOS is intended to be a version of the GNU/Linux OS that permits users to run MS Windows programs. Last December, Microsoft lauched a trademark lawsuit against Lindows asking, among other things, for an immediate injunction against use of the term "Lindows." In March, the judge hearing the case denied Microsoft's request for a preliminary injunction, stating that, "Lindows.com has presented sufficient evidence to rebut the presumption of validity of the Windows mark." Microsoft asked the judge to reconsider his decision, and the judge has now answered ... No. Newsbytes as a short report (Microsoft Loses Another Round In Windows Battle). Read the judge's nine-page Order: Motion to Reconsider [PDF]). Favorite quote:
Microsoft's argument [that "Windows" cannot be generic because it is not the name of a class of products] also ignores its own analysis of the Defendant's evidence, which shows repeated references to the composite terms "window manager," "windowing environment," "windows programs" and several others. Microsoft's outline of the evidence in the Declaration of Timothy L. Boller even characterizes each of these composite terms as the genus for a type of product....Through its own use of the evidence, Microsoft essentially admits that these terms refer to the genus of computer software products that have windowing capability.
Ouch. You know you're hurting when the judge is quoting your own arguments against you. The decision goes on to quote a number of other Microsoft documents, including Microsoft's own computer dictionary, and statements by Microsoft employees, including MS CEO Steve Ballmer (though he was merely VP of Marketing at the time). Gigalaw published an article on Microsoft's Lindows difficulties in April (Windows v. Lindows: High-Tech Trademark Troubles).
Previous LawMeme coverage of Lindows (Lindows in Hot Water Again) and (Lindows on PR Offensive against MS Trademark Suit).
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