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Ottawa:
Microsoft opened another front in its expanding legal
battle against Linux seller Lindows, by filing a suit
in the federal court of Canada in Ottawa, on February
18, 2004. The suit seeks an injunction barring Lindows
from doing business under that name.
The
Microsoft suit, in essence, claims that the name Lindows
infringes on Microsoft's trademark for the name of its
operating system Windows. Lindows, in turn argues that
Windows was a generic computing term at the time it
was granted and hence such prior use renders Microsoft's
trademark invalid.
So
far, the results have turned out to be a mixed bag for
both the companies. The US judge hearing the cases has
sided with Lindows in denying Microsoft's requests for
an injunction, while a Dutch court has ruled in favour
of Microsoft.
The
US judge recently ruled in Lindows' favour by declaring
that the jury must consider the use of the term 'windows'
around the time the trademark was granted. Microsoft
says the case should be based on current use of the
term and is appealing the ruling.
Microsoft's
legal sorties in several European countries have been
more successful. The ruling in the Dutch court has now
seen Lindows announcing that it would be doing business
in the Benelux countries as Lin---s. The company has
set up a new web site, Lin---s.com, for Benelux customers.
Lindows
boasts of a slick user interface, with streamlined installation
routines, and is the outcome of an open-source effort
to present an alternative model for Windows. The San
Diego-based Lindows company was launched by Michael
Robertson, former CEO of digital
music site MP3.com. Robertson, was the owner of the
digital music company, MP3.com, which Vivendi Universal
bought out for $350 million in 2001.
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