Lindows Changes Name Of Operating System

by Glen Shapiro, LawAndTax-News.com, New York

16 April 2004

Linux software vendor, Lindows announced on Wednesday that it has changed the name of its desktop operating system to 'Linspire' in an attempt to head off multiple legal actions against it by software giant, Microsoft over the similarity of the Lindows name to its Windows operating system.

The smaller firm was recently dealt a cruel blow when US District Court Judge John Coughenour denied its request to prevent international courts from ruling on trademark infringement charges brought against it by Microsoft until a similar case is resolved in the US, arguing that he saw no reason to interfere with the jurisdiction of foreign courts.

However, Judge Coughenour reportedly indicated that if Lindows' constitutional rights are infringed by any foreign court, he would act to prevent it.

Lindows has pledged to continue with its bid to have "windows" designated as a generic term, and according to reports, plans to ask the US State Department to petition foreign governments with a view to invalidating Microsoft's Windows trademark, if its case is successful.

Speaking following the name change announcement, Lindows CEO, Michael Robertson explained the reasoning behind changing the name of the operating system on a global level rather than just in the European countries affected by rulings on the matter in Microsoft's favour:

"First Microsoft is asking courts to levy massive fines just because users in certain foreign countries can access our website. We can't afford to lose a battle on this topic. Second, we have partnerships with hard disk, motherboard, laptop and desktop companies that want to ship our products to their worldwide market. If they are restricted to certain countries, then it impedes their business and therefore ours," he announced.

He went on to add that the Lindows brand will continue to be used "primarily in the US and as our corporate name", but expressed the hope that the move will be sufficient to convince Microsoft to step down its legal campaign.

"We're hoping that this puts a halt on the international lawsuits. A Microsoft spokesperson has publicly stated that "We're only asking that Lindows change their name" which is what we have done," he observed. However, the Lindows boss added that:

"The US lawsuit is well underway and we look forward to having our day in court."

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