Feeds

Lindows plans US gov backed global assault on Windows trademark

Using Commerce Dept programme covering English generics

  • alert
  • submit to reddit

5 things you didn’t know about cloud backup

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

Build a business case: developing custom apps

More from The Register

next story
Why has the web gone to hell? Market chaos and HUMAN NATURE
Tim Berners-Lee isn't happy, but we should be
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
China hopes home-grown OS will oust Microsoft
Doesn't much like Apple or Google, either
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Sin COS to tan Windows? Chinese operating system to debut in autumn – report
Development alliance working on desktop, mobe software
Eat up Martha! Microsoft slings handwriting recog into OneNote on Android
Freehand input on non-Windows kit for the first time
Linux kernel devs made to finger their dongles before contributing code
Two-factor auth enabled for Kernel.org repositories
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Scale data protection with your virtual environment
To scale at the rate of virtualization growth, data protection solutions need to adopt new capabilities and simplify current features.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
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?