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Lindows ordered to drop name

Discussion in 'General Discussion' started by Julio Franco, Dec 12, 2003.

  1. Julio Franco TechSpot Editor Posts: 6,050   +121

    Judges in Finland and Sweden have given Microsoft Corp. what it has twice been denied in the U.S.: preliminary injunctions barring Linux vendor Lindows.com Inc. from using the Lindows name.

    Microsoft sued Lindows.com in the U.S. in December 2001, accusing the company of infringing its Windows trademark and asking the court to bar Lindows.com from using the Lindows name. The company lost two requests for an injunction and the matter is now for a jury to decide in a trial set to start March 1, 2004.

    Read more: Infoworld.
  2. poertner_1274 secroF laicepS topShceT Posts: 4,745

    And now it begins. But the weirdest part is that it got tried twice in the US (where M$ is located) and failed, and now seems to have a chance at winning overseas. This strikes me as strange. I have no real opinion on this as I don't like getting caught up in these sort of politics, but I think M$ should just let it go, or simply ask for a pension from Lindows for using their 'supposed' name.
  3. UncleGemboel Newcomer, in training Posts: 47

    eem another strike from M$, i see how greed M$ now, they never let any OS stand in their way. Hope Linux can stand against M$ attack.
    I think M$ must focuse their power to make a better OS which much faster, SECURE, and much little bug!
  4. Vehementi TechSpot Paladin Posts: 3,199

    The name "Lindows" just makes it sound like the cheap knock-off of Windows it really is. I don't see how anyone could merge any major characteristic of Windows in with Linux, they are completely opposite ends of the scale. The name "Lindows" obviously sounds like it's trying to leech off of the Windows name, so I agree with Microsoft. But, using the name "Lindows" is just their loss anyway. Now, if they came up with a new and original name, and not just stapled the names of the two top competing OS's together, then it might be a different story. I won't use "Lindows" because of the name as well as I'm sure it's a poor quality product anyway.
  5. Rick TechSpot Staff Posts: 6,249   +38

    "Lindows" is indeed named the way it is because of Windows, but it is an obviously different name.

    It might be court worthy if it were Windoze or Win-Dows.

    What it comes down to is the consumer researching what they are getting. If they don't know the difference between Lindows and Windows, that is their fault. They are spelled differently and sound different albeit simliar.
  6. StormBringer Newcomer, in training Posts: 2,871

    The only people who might get the two confused are maybe the gullible people who buy those miracle cure products off infomercials. I know that the average consumer is fairly ignorrant when it comes to what to buy for their computer, but I think they can clearly see the difference. If they make them drop the name, it is a clear insult to the intelligence of consumers.
     
  7. MrGaribaldi TechSpot Ambassador Posts: 2,802

    I was quite shocked at first when I read about this, but after reading the court verdict from Sweden, I can at least understand the reason there...

    Lindows was planning an ad compaign right around now, and MS asked that they should not be allowed to use the name Lindows until the case had been heard (which is in April I think)... That way Lindows wouldn't be able to gain acceptance for their name until it was decided in court if they could use the name or not.
    There has also been posted 3 Mill SEK in security for any damages that Lindows might have due to this court injunction.

    The Register has a good story about it here with the entire court statement at the bottom (and it's in English)...
  8. Qun Mang Newcomer, in training

    Though I know where it comes from, I have never liked the name "Lindows." To me it sounds like a speech impediment (as in replacing certain sounds like "r" with "l"). I have not tried Linux for several years, though I often think about it. Lindows does not even come to mind as a potential candidate for my hard drive.

    I think Microsoft should play a waiting game until stories come out about people being duped into getting a Lindows system thinking they were getting a MS based system. At that point they will truly have a case.

    More on topic, I wonder if Lindows will actually change the name for Sweden and Finland, or just forget about them hoping that if people want Lindows they will just import it from other countries. After all, they are only two countries of many on the continent.
  9. ---agissi--- TechSpot Paladin Posts: 2,369   +9

    Gosh let it go, Lindows is different from Windows so whats the big fuss? I recon this case is redicious and Lindows should be able to keep its name :evil:
  10. Nodsu Newcomer, in training Posts: 9,431

    No point whining, this is the law. It's not like they have some really MS friendly judges over there or sth.

    Trade mark law says that you cannot use a trade name similar to a registered one that could cause confusion. It just happens that the courts in Sweden and Finland found that the names Windows and Lindows are too similar.

    Besides, if Lindows really wanted, they could appeal all the way up to EU level.
  11. MoRulez Newcomer, in training Posts: 66

    How do European courts work? Are all the countries united under one EU Constitution or Criminal law or is the only unity in the economy?

    Im asking because if there is no unity between the countries for the court system, Lindows does not need to worry since, I figure, the big markets aren't in the Sweden, etc. but in France, Germany Britain....

    So they can hopefully maybe be allowed to use the name in other jurisdictions
  12. ---agissi--- TechSpot Paladin Posts: 2,369   +9

    I didnt know there was a trademark law such as that :blackeye: Too bad...
  13. Vehementi TechSpot Paladin Posts: 3,199

    Actually I think they're most likely biased against MS. Europe isn't exactly laissez-faire free-market capitalism at it's best, mainly because they're all communists anyway ;) . I don't think they'll let this one go, though.
  14. inphlict Newcomer, in training

    This is exactly why everyone hates Microsoft, they crush anything in their way by any means and they always have money to back it up. :(
  15. ---agissi--- TechSpot Paladin Posts: 2,369   +9

    Yeah I'd say that about sums it up :D
  16. Vehementi TechSpot Paladin Posts: 3,199

    What are you talking about? MS crushing anything in their way by any means necessary? It's not like they're buying the rights to *nix, even though they consider it a serious threat. They're not harassing Logitech because they make better mice that compete with the IntelliMouse. They're simply asking for another company not to leech off of the Windows name.
  17. Tarkus TechSpot Ambassador Posts: 835

    I think they should rename Lindows to Linux XP. :)
  18. Didou Bowtie extraordinair! Posts: 5,898

    I think Linux is having a hard time as it is with the SCO case, let's not make things worse.:blackeye:

    PS. It's odd AMD has never been sued over AthlonXP & Athlon64-FX.;)
  19. StormBringer Newcomer, in training Posts: 2,871

    I think the reason that MS hasn't messed with AMD over the XP use is because of AMD and MS working closely when Windows XP was being developed.
  20. Nodsu Newcomer, in training Posts: 9,431

    Every country has its own legal system with constitution and all, but EU supreme court is above anything national. So if you have gone through all the courts in your own country, you can appeal to EU supreme court and their verdict will overrule the local decision.