Lindows.com: Judge Denies MS Reconsideration on Previous Lindows Injunction Ruling

A Seattle judge, who had been asked by Microsoft to shutdown
Lindows.com and block the 35 person company from advertising their
competing program, LindowsOS, issued a denial to the software giant
this week.

Judge Coughenour wrote in a seven-page ruling that after
“examining the evidence with a sharper focus” news articles,
advertisements, competitors and dictionary definitions demonstrated
that the “consuming public used the terms ‘windows,’ ‘window’ and
‘windowing’ to refer to a type of graphical user interface.” The
Western Washington District Judge also wrote that through “its own
use of the evidence” Microsoft essentially admits that “windows” is
a generic term. The Court bolstered that finding by citing
Microsoft’s own computer dictionary definition, as well as quotes
from then Vice President of Marketing, Steve Ballmer, in discussing
the introduction of Windows 1.0. To read the document in its
entirety, visit www.lindows.com/opposition.

Microsoft had contended that the Court had a “fundamental
misapprehension” and had “reached an incorrect result” in an
earlier ruling in which the Court stated that Microsoft had raised
“serious questions” about the validity of its windows trademark and
refused to halt Lindows.com from using both Lindows.com and
LindowsOS for its operating system name.

In the latest ruling, the Court found that it “did not err in
either its legal or factual analysis when it denied Microsoft’s
motion for a preliminary injunction” against Lindows.com
(http://www.lindows.com).

“Microsoft’s attempt to intimidate Lindows.com through legal
attacks is part of their ongoing war waged against any potential
competitor,” said Lindows.com, Inc., Chief Executive Officer
Michael Robertson. “This time their strategy has not only failed,
but has completely backfired with their windows trademark now being
put at risk and on trial. Our goal is to bring choice back to
computers in spite of Microsoft’s bullying tactics. If we have to
go to trial where the word “windows” will be declared generic,
we’re prepared to do so.”

The complete ruling along with selected quotes from the document
can be found at http://www.lindows.com/opposition. A jury trial on
this issue is slated for April of 2003.