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LinuxWorld Australia: Microsoft asks Court to Reconsider Lindows Ruling

Apr 04, 2002, 14:30 (26 Talkback[s])
(Other stories by Sam Costello)

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"Saying that the court asked the wrong questions and therefore arrived at the wrong answers in its preliminary injunction ruling that allowed Lindows.com to continue to use the name Lindows, Microsoft filed a motion for reconsideration late last week with United States District Court for the Western District of Washington.

"The court's original ruling, handed down on March 15, allowed Lindows to continue to use its name for the company and the Linux operating system it is developing, pending a trial. Lindows claims that its operating system will not only run Linux applications, but will also be able to run a broad range of Windows programs directly from Linux.

"The ruling denied Microsoft's motion to bar Lindows from using the name because Microsoft failed to provide enough proof that it would be harmed by Lindows. Judge John C. Coughenour also wrote in his opinion that Microsoft's claim to the Windows trademark might be precarious, as the mark was both generic and had been rejected multiple times by the U.S. Patent and Trademark Office before its approval in 1995. Coughenour declined to fully address the Windows trademark issue in his opinion, however, writing that it was a matter for a later date..."

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