Lindows Hits Back At Microsoft In US Court

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

18 March 2004

Following the announcement last week that it would be withdrawing its products from sale in the Benelux countries, Linux software firm, Lindows.com revealed that it has asked the US District Court in the state of Washington to prevent Microsoft from pursuing trademark infringement lawsuits against it in other countries until the US court battle is complete.

In an attempt to comply with a Dutch ruling on the subject, Lindows announced that it would be relaunching as 'Lin---s' (pronounced 'Lindash') in Finland, Sweden, and the Benelux countries. However, Microsoft was not amused, and demanded that the firm be fined EUR100,000 per day for failing to make its website inaccessible to internet users in those countries.

Following suggestions from Microsoft that Lindows should shut down its US website, on the grounds that it can be accessed by users in the countries affected by the Dutch ruling, the smaller firm has accused the software giant of shopping around for a court system which will find in its favour.

It also suggested in its filing this week that allowing Microsoft to continue employing such tactics would "effectively conduct an end-run around this Court's jurisdiction and substitute the judgement of a foreign court for a United States jury".

In a statement issued this week, lead trial counsel for Lindows, Daniel Harris explained that:

"On the eve of trial in the US, Microsoft has on one hand sought to delay, while on the other hand it has filed over a half dozen cases around the world seeking the same preliminary injunction that Judge Coughenour twice denied two years ago."

"We are asking the Court to prevent Microsoft from pursuing these foreign cases until the US case is complete."

In addition to seeking to prevent the software giant from pursuing other legal proceedings before the US dispute has been settled, Lindows has asked the court to declare the Dutch injunction against it "non-recognizable and unenforceable".

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