Microsoft Suffers Setback In Lindows Trademark Dispute

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

13 February 2004

Software giant, Microsoft has suffered a setback in its trademark dispute with Lindows.com, it emerged this week.

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.

Ruling at Seattle's District Court on Tuesday, Chief District Judge John Coughenour suggested that the jury should consider the historical context of the use of the word 'windows' within graphical user interfaces, rather than just looking at its use within the Microsoft Windows framework.

Judge Coughenour additionally ruled that: "If the term is found to be generic it cannot be the subject of trademark protection under any circumstances."

The trademark infringement trial is scheduled to commence on March 1. However, Microsoft has been given leave to appeal Judge Coughenour's decision, and if it chooses to do so, the trial proceedings are unlikely to go ahead as planned.

In a statement released following the ruling, lead trial counsel for Lindows, Daniel Harris observed that:

"The rulings are a major victory for Lindows.com. Essentially, the Court's ruling confirms that a company, no matter how much money it spends, cannot buy a word out of the English language."

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