Flow My Thoughts, The IT Professor Said

Closing The Windows Window

http://www.eweek.com/article2/0,4149,1525080,00.asp

Sometimes the biter gets bit, and this article covers a particularly delicious example. Microsoft, famous for suing everyone on the planet for abusing its trademark on the word "the", took on a company called 'Lindows', which offered a Linux GUI. Despite what would seem to just about any unbiassed observer that there would be no confusion between 'Windows' and 'Lindows' [even in China and Japan], Microsoft persisted.

Now a judge has ruled, in a US court, that in deciding this case, the jury should consider the use of 'window' as a term before Microsoft trademarked the name. There is a very real potential that the name will be recognized to be generic, and therefore not capable of being trademarked. This article, with numeous embedded links, explains the ins and outs of this case.

Another heartwarmer, for sure.

Postscript: As Mr. Berra says: "it ain't over 'till it's over", and so it proved in this case -- enough other judges, in enough other venues, either found for Microsoft or allowed the case to continue, that the Lindows name is no more:

http://eletters.wnn.ziffdavis.com/zd1/cts?d=75-171-1-1-618817-7894-1

So now, instead of being heartwarmed, I find myself unLinspired.

Posted by jho at February 18, 2004 11:10 AM