“Microsoft Corporation asked
a Seattle Court to reconsider a strongly-worded ruling upholding
Lindows.com’s use of the terms “Lindows.com” and “LindowsOS.”
a Seattle Court to reconsider a strongly-worded ruling upholding
Lindows.com’s use of the terms “Lindows.com” and “LindowsOS.”
The court’s favorable ruling, issued on March 15, 2002, cites that
“Microsoft has raised serious questions about the validity of its
[Windows] trademark.”
The suit, filed by Microsoft in December of 2001,
sought to stop Lindows.com, a 30-person company that offers a
Linux-based operating system, which runs popular Windows-based
programs, from branding itself as Lindows.com. The March 15, 2002
ruling can be read, in its entirety, at www.lindows.com/opposition.
The Microsoft Corporation asked the court, in a 19-page document, to
reconsider the ruling stating that the court reached "an incorrect
result." Microsoft's motion for reconsideration can be read at
www.lindows.com/opposition.
Judge John C. Coughenour found in the preliminary injunction ruling
that Microsoft had not shown that Lindows.com should be prevented from
using the names Lindows.com and LindowsOS as part of their business,
stating that, "The Court finds that Lindows.com has met its burden of
proof in rebutting the validity of the Windows trademark."
"Lindows.com supporters submitted thousands of references to windows
spanning the last 20 years," said Michael Robertson, Chief Executive
Officer of Lindows.com. "They helped build a strong foundation which
the Judge relied on in his initial ruling. Microsoft's hundreds of
attorneys and billions of dollars can't rewrite history and the fact
that Windows is a generic term."
"Microsoft's actions are attempts to belabor the outcome and drag our
company through a lengthy and costly legal battle. We're looking
forward to getting this issue in front of a jury and getting resolution
in a manner which allows us to put a competitor on the store shelf
which will cost a third or less of Microsoft's offerings," Robertson
added.
The Judge can deny the reconsideration motion or ask Lindows.com to
file a legal brief in response. Microsoft has until April 15th to file
an appeal on the Judge's initial ruling. The appeal, if filed, would be
heard by the 9th Circuit Court of Appeals.
Lindows.com has released a Sneak Preview of LindowsOS to a select group
of Insiders (www.lindows.cominsider). The Sneak Preview is not a fully
completed product, but showcases many of the unique features such as a
"Friendly-Install" alongside an existing Microsoft Windows operating
system, a streamlined installation process which requires minimal
computer knowledge, and the ability to run popular Windows-based
programs. Version 1.0 will go on sale later this year for one-third of
the cost of a comparable Microsoft offering. For more information see
www.lindows.com/products.
To receive Lindows.com press releases via email signup at
www.lindows.com/mailing.
About Lindows.com, Inc.
Lindows.com is a consumer company that brings choice to computer users.
Lindows.com, Inc. uses the latest technology to create affordable,
stable, user-friendly products. Lindows.com, Inc. was started by
Michael Robertson, founder and former CEO of MP3.com. At the core of
Lindows.com is a new operating system called LindowsOS, a modern,
affordable, easy-to-use operating system with the ability to run both
Microsoft Windows and Linux® software.