Feeds

Microsoft loses Lindows appeal

Microsoft's claim to 'windows' questioned

  • alert
  • submit to reddit

SANS - Survey on application security programs

Microsoft has been refused permission to appeal its case against Lindows.

The verdict means that the case will go before the district courts in Seattle in the second half of this year. The case should last about two weeks.

Microsoft is taking Lindows to court in several countries claiming the Linux company is infringing its trademarks. Lindows changed its name to Lin---s but Microsoft lawyers claimed this was pronounced "Lindash", which "bears an auditive resemblance to Windows."

In April Lindows changed the name on all its software to "Linspire", but Microsoft continued the action in the Netherlands because Lindows was still found on parts of the defendant's website. MS is pressing for €100,000-a-day fine on the Linux distributor.

Microsoft wanted the trial to concentrate on what consumers make of the word "windows" today, while Linspire wanted a longer timeframe. The original judgement ruled that the jury should look at what the word meant to consumers when Microsoft Windows 1.0 became available in 1985. This decision will now be upheld because Microsoft's appeal was rejected.

Michael Robertson, chief executive at Linspire, said: "We're looking forward to getting this trial back on the fast track and presenting our piles of evidence - videos, magazines, internal Microsoft documents - which clearly shows the generic use of 'windows' before Microsoft commandeered the word."

"This outright denial of Microsoft's appeal confirms that the trial will focus on how consumers and the software industry used the term 'windows' in the 1980s, before Microsoft dominated the landscape."

Michael Robertson, Bill Gates and Steve Ballmer are all expected to testify. ®

Related stories

MS drags Linspire back to court
Lindows throws in the tow - l
Judge OKs Microsoft Lin---s offensive
Lindows asks US court to halt MS worldwide assault

3 Big data security analytics techniques

More from The Register

next story
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Oh no, Joe: WinPhone users already griping over 8.1 mega-update
Hang on. Which bit of Developer Preview don't you understand?
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
IRS boss on XP migration: 'Classic fix the airplane while you're flying it attempt'
Plus: Condoleezza Rice at Dropbox 'maybe she can find ... weapons of mass destruction'
Ditch the sync, paddle in the Streem: Upstart offers syncless sharing
Upload, delete and carry on sharing afterwards?
New Facebook phone app allows you to stalk your mates
Nearby Friends feature goes live in a few weeks
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.