"Open source operating systems provider Lindows faces a penalty
hearing after Microsoft told an Amsterdam court of appeals it
hadn't complied with a preliminary injunction.
"At issue is the Lindows name, which Microsoft claims is too
close in name to its own Windows software platform to be anything
less than trademark infringement.
"On March 8, an Amsterdam appeals court ruled that Lindows had
infringed. The court ruled that the average computer user might not
figure out that LindowsOS wasn't a Microsoft product. It also said
that previous legal rulings had established the right of a brand
holder to every use of its brand name; therefore, it rejected
Lindows' argument that the Web site, Lindows.com, wouldn't be
confused with Microsoft's operating system..."