Feeds

Lindows plans US gov backed global assault on Windows trademark

Using Commerce Dept programme covering English generics

  • alert
  • submit to reddit

Remote control for virtualized desktops

If it emerges victorious from its current litigation with Microsoft, Lindows.com intends to use a US Department of Commerce programme to have Microsoft's trademarks of Windows invalidated worldwide. The company is being pursued by Microsoft in those countries where a Windows trademark has been granted, and is arguing - it says, as a matter of survival - that a US court should order Microsoft to suspend these actions pending a resolution of the US case.

The Lindows.com pitch is relatively simple. It says that Microsoft has repeatedly engineered delays in its US case against Lindows.com, where Microsoft has not been granted a preliminary injunction, but is aggressively pursuing action elsewhere, where the TM ground is more fertile. The continuation of those actions, says Lindows.com, will force it to change its name, and thus the US court and jury will never have a chance to consider the case.

Lindows.com will cite precedents for US federal courts to take action of an extraterritorial nature in regulating US companies, and argue that the courts can block the enforcement of English generic trademarks abroad. Which is where Windows(TM) comes in.

At the close of the US litigation, Lindows.com says it expects to have a judgment invalidating the Windows trademark as generic. It then intends to protest the trademark abroad under the Department of Commerce's programme covering the use of English generic words. This is intended "to protect foreign markets for American products and services by opposing the registration by foreign governments of trademarks which are generic terms." Microsoft could therefore lose the Windows trademarks it has, in attempting to enforce them against Lindows. ®

Related links

Lindows asks US court to halt MS 'worldwide assault'
MS drives Lindows from Benelux
MS legal case: Dash is 'dows, 'dows means Windows, which we own

Internet Security Threat Report 2014

More from The Register

next story
Euro Parliament VOTES to BREAK UP GOOGLE. Er, OK then
It CANNA do it, captain.They DON'T have the POWER!
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
NSA SOURCE CODE LEAK: Information slurp tools to appear online
Now you can run your own intelligence agency
Post-Microsoft, post-PC programming: The portable REVOLUTION
Code jockeys: count up and grab your fabulous tablets
Twitter App Graph exposes smartphone spyware feature
You don't want everyone to compile app lists from your fondleware? BAD LUCK
Microsoft: Your Linux Docker containers are now OURS to command
New tool lets admins wrangle Linux apps from Windows
prev story

Whitepapers

Seattle children’s accelerates Citrix login times by 500% with cross-tier insight
Seattle Children’s is a leading research hospital with a large and growing Citrix XenDesktop deployment. See how they used ExtraHop to accelerate launch times.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Business security measures using SSL
Examines the major types of threats to information security that businesses face today and the techniques for mitigating those threats.