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Microsoft Trademark Dispute Hearing Postponed
by Glen Shapiro, LawAndTax-News.com, New York

03 December 2003

The case brought by software giant, Microsoft against Lindows.com, provider of a Linux-based operating system, has stalled yet again, with the date for commencement of the trial now set at March 2004.

Microsoft argues that the Lindows product has been so-named to confuse consumers, and thus infringes on its Windows trademark. However, Lindows argues that terms such as window, icon, and menu have been generically used within the computing industry for more than 20 years, and can therefore not be the subject of a copyright infringement claim.

According to reports, the judge in the case, brought before the US District Court in Seattle, has ordered Microsoft to provide evidence from a similar dispute with Apple, in order to provide clarification for the jury with regard to Lindows' assertion.

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