also @ TechSpot: UK's SOCA seizes domain of popular music blog, rnbxclusive.com
Welcome to the TechSpot OpenBoards. Please read the FAQ if you have any questions. Sign up or Login to participate.

Go Back   TechSpot OpenBoards > TechSpot Community > General Discussion

Download Now:

Lindows ordered to drop name

Page 1 of 2 1 2
Thread Tools Search this Thread
  #1  
Old 12-12-2003
Julio's Avatar
TechSpot Executive Editor
 
Location: Ecuador
Member since: Feb 2002, 5,355 posts
System specs
Lindows ordered to drop name

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  
Old 12-12-2003
poertner_1274's Avatar
secroF laicepS topShceT
 
Location: Saint Louis, MO, USA
Member since: Feb 2002, 4,742 posts
System specs
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  
Old 12-12-2003
TechSpot Member
 
Location: DIY
Member since: Dec 2003, 47 posts
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  
Old 12-12-2003
Vehementi's Avatar
TechSpot Paladin
 
Location: Bellevue, WA
Member since: Feb 2002, 3,199 posts
System specs
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  
Old 12-12-2003
Rick's Avatar
TechSpot Special Forces
 
Location: Los Angeles, CA
Member since: Feb 2002, 5,600 posts
"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  
Old 12-12-2003
StormBringer's Avatar
TechSpot Evangelist
 
Location: USA
Member since: Apr 2002, 2,871 posts
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  
Old 12-12-2003
MrGaribaldi's Avatar
TechSpot Ambassador
 
Location: Babylon 5, Grid Epsilon
Member since: Feb 2002, 2,802 posts
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  
Old 12-12-2003
Newcomer, in training
 
Member since: Dec 2003, 10 posts
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  
Old 12-12-2003
---agissi---'s Avatar
TechSpot Paladin
 
Location: Montana
Member since: Mar 2002, 2,304 posts
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
  #10  
Old 12-12-2003
Nodsu's Avatar
TechSpot Evangelist
 
Location: Estonia
Member since: Feb 2002, 9,431 posts
System specs
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  
Old 12-12-2003
MoRulez's Avatar
TechSpot Member
 
Member since: Dec 2002, 66 posts
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  
Old 12-12-2003
---agissi---'s Avatar
TechSpot Paladin
 
Location: Montana
Member since: Mar 2002, 2,304 posts
Quote:
Originally posted by Nodsu
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.
I didnt know there was a trademark law such as that Too bad...
  #13  
Old 12-12-2003
Vehementi's Avatar
TechSpot Paladin
 
Location: Bellevue, WA
Member since: Feb 2002, 3,199 posts
System specs
Quote:
Originally posted by Nodsu
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.
Actually I think they're most likely biased against MS. Europe isn't exactly laissez-faire free-market capitalism at it's best[SIZE=1], mainly because they're all communists anyway [/SIZE] . I don't think they'll let this one go, though.
  #14  
Old 12-12-2003
Newcomer, in training
 
Member since: Dec 2003, 2 posts
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  
Old 12-13-2003
---agissi---'s Avatar
TechSpot Paladin
 
Location: Montana
Member since: Mar 2002, 2,304 posts
Quote:
Originally posted by inphlict
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.
Yeah I'd say that about sums it up
  #16  
Old 12-13-2003
Vehementi's Avatar
TechSpot Paladin
 
Location: Bellevue, WA
Member since: Feb 2002, 3,199 posts
System specs
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 [size=1]better[/size] mice that compete with the IntelliMouse. They're simply asking for another company not to leech off of the Windows name.
  #17  
Old 12-13-2003
Tarkus's Avatar
TechSpot Ambassador
 
Location: Martinez, CA
Member since: Mar 2002, 835 posts
System specs
I think they should rename Lindows to Linux XP.
  #18  
Old 12-13-2003
Didou's Avatar
Bowtie extraordinair!
 
Location: Brussels, Belgium
Member since: Feb 2002, 5,895 posts
System specs
Quote:
Originally posted by Tarkus
I think they should rename Lindows to Linux XP.
I think Linux is having a hard time as it is with the SCO case, let's not make things worse.

PS. It's odd AMD has never been sued over AthlonXP & Athlon64-FX.
  #19  
Old 12-13-2003
StormBringer's Avatar
TechSpot Evangelist
 
Location: USA
Member since: Apr 2002, 2,871 posts
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  
Old 12-13-2003
Nodsu's Avatar
TechSpot Evangelist
 
Location: Estonia
Member since: Feb 2002, 9,431 posts
System specs
Quote:
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?
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.
Closed Thread
Page 1 of 2 1 2

Similar Topics
Topic Replies Forum
Facebook spammer ordered to pay $711 million 54 TechSpot News and Comments
I just ordered a Nvidia 8600GT DDR 2 6 Audio and Video
Just ordered a pc and display and am now wondering if it's going to work? 4 Audio and Video
Just ordered new PC parts.... 2 Processors and Motherboards
ordered my P4 guys, how can i o/c higher? 5 Processors and Motherboards

Thread Tools Search this Thread
Search this Thread:

Advanced Search
All times are GMT -4. The time now is 01:26 AM.