Microsoft Starts Legal Fight Over Lindows Name

actappan writes: "Whether or not Lindows is real, this article on CNET News.com indicates that Microsoft intends to sue them into oblivion. Looks like supression remains the best way to promote innovation." cyberlawyer adds: "Some of you may remember that MS originally had great difficulty obtaining a trademark for the generic term 'Windows' but was eventually able to pay off those who had filed letters of protest to the granting of the mark including Sun, Oracle, and Borland. As a trademark lawyer I (unhappily) have to admit that Lindows probably has a weak case. Of course it's never too late to bring a cancellation action based on genericide ;-)" CodeWheeney contributes a link to coverage at Yahoo, too.

Innovation

[Carnage4Life]

Looks like supression remains the best way to promote innovation.

<tongue-in-cheek>
There's nothing quite as innovative as an operating system with the sole goal of reimplementing APIs from other operating systems until it can run their binaries. :)
</tongue-in-cheek>

Lawsuits.

[saintlupus]

Ah, perfect. Don't change the name; just slap on the Aqua interface and ship it. This is the legal equivalent of a honeypot.

--saint

If not Lindows..

[FrankNputer]

How about Windex?

Oh, wait...damn...

Oh my God, they are such a threat to Microsoft !

[J.D. Hogg]

"Microsoft contends the company, which plans to formally release its product next year, purposely is trying to confuse Lindows with Windows."

Microsoft is in grave danger of trademark dilution here. I mean, if they were a monopoly and the vast majority of OS users ran Windows, I wouldn't say, but as a fragile company with such a small name recognition, it's important that potential new customers don't get confused by a sneaky new startup who just wants to make a free buck out of a competitors honestly earned and well deserved success ...

PC Mag hit it on the head

[The-Pheon]

according to a quote from a review on the lindows site [lindows.com].

It's software that combines Linux and Windows without violating any trademark or copyright--although I bet Microsoft will sue at some point.

Guess they were right!

How you can fight back.

[cibrPLUR]

I say that we fight Microsoft by refering to all OS's as 'Windows.'

Hopefully this will cause Microsoft to lose the trademark name 'Windows' because it will become generic from over usage.

Coming to America

[emf]

This reminds me of the movie "Coming To America"

They're Mac Donalds; I'm Mic Dowell's.
They've got the Golden Arches; We've got the Golden Arcs.
They got the Big Mac; We got the Big Mic.

We both have 2 all beef pattties, special sauce, but they have a sesame seed bun. Our buns have no seeds.

What about MS???

[WickedClean]

Why doesn't the state of Mississippi sue the crap out of Microsoft? The abbreviation for Mississippi is MS, and so is Microsoft. Hmmmm. I bet the state would lose and have to change its name. I may be on to something here.

Think about it, Michael Mann could make The Insider, Part Two. Instead of taking on tobacco companies it would be about monopolizing software companies. Anthony Michael Hall can play Bill Gates again, and we can bring Russel Crowe back and have the two go at it in some kind of virtual reality gladiator thing.

The Solution ! ? !

[GuNgA-DiN]

Call it "Winux" instead

;)

Re:If not Lindows..

[quartz]

Or even "Winux". As in "Shhh... Be vewy vewy quiet. I'm hunting Winux." You think Elmer Fudd would sue?

In unrelated news ...

[J.D. Hogg]

Microsoft Corp. (Nasdaq: MSFT) has decided to defend its well-know trademarked operating system name "Windows" by launching a lawsuit against the glass window pane industry : "All these people selling windows[tm] to homeowners around the globe, it's an intolerable abuse of Microsoft[r] trademarks." declared yesterday Microsoft CEO Steve Ballmer.

Similarly, Microsoft Corp. has decided to sue the cattle industry for allowing their cows to graze in meadows[tm], and the sun for casting shadows[tm].

Last Resort

[i1984]

Teary eyed,

Murchinson said Microsoft considered legal action a last resort.

"Clearly we prefer to work with them to resolve this problem voluntarily. Their product name infringes on our trademark," Murchinson said. "We hope they will work with us to resolve this problem without the need for legal action."

Sobbing, he continued: "Oh why do they Force us to sue them! It hurts me right here, (Murchinson placed his hand over his heart and looks to the heavens) whenever we have to sue them."

Murchinson then, with the tears still streaming down his cheeks and shaking his head, pushed a lonely red button on his desk.

Moments later, cruel hordes of fur clad lawyers on enormous horses, gravely swinging rusted and blood stained battle axes, thrusting their hardened leather shields toward the brooding skies, with packs angry mastifs biting and growling at their hideously spurred heals, rode ravenous toward yet another glorious conquest.

Murchinson listened as the horrible clamor of the viciously armed force recedeed in to the wind. Finally he concluded the interview, "if only they hadn't forced me to do this, if only we could have worked something out..."

Thinking of that poor man, Murchinson, nearly brings tears to my eyes as well. It's just tragic how he so truly didn't want to sue them, but had to... sigh... It just breaks my heart.

Next up: Jesus to sue MS for rights to "XP"

[Eryq]

BETHLEHEM (AP): The Christian Lord and Saviour, Jesus Christ, announced plans to sue Microsoft for using the name "XP" for its new operating system.

"The monogram of My Name, formed of the two first letters when written in Greek, "X" and "P" [Chi and Rho], has been in use for well over a thousand years in numerous countries. I am therefore insisting that Microsoft cease using "XP" on its products, as that is tantamount to Taking My Name In Vain."

Added Christ, "I mean it. Don't make me come down there..."

Re:To me it's fair

[abe ferlman]

They should change the name to "Bill Gates is a big fat idiot presents: Lindows" so that people won't get confused. You know, just to be sure.

No really, maybe not that, but I think that this lawsuit is the best kind of publicity they could possibly get. They should capitalize on it by changing the name to something subtle that jabs at microsoft but still makes clear what it does. If only Sun was behind it- they could call it "Sunroof".

Howzabout "windshield"? "Glass Joe" (Include MAME with punchout standard :))

Wait, I've got it. "MirrorGlass" Have a picture of a mirror on the box, with the reflection of a window tinted with microsoft colors in the background, and a penguin waving in. How cute is that?

Mr. Robertson, this idea is mine but you may take it and run with it. Hell, I'll sign papers and even let you take it proprietary. I'd love to see that image on a shelf and have some clerk at Compusa have to explain what it means to a customer. "Well, that's tux the penguin, and he's looking through some windows at you, but they're not *microsoft* windows, because microsoft sued the company, so they're just regular old windows. Well, not really since Windows(TM) is a registered trademark of Microsoft. But anyway, it runs programs built for windows, even though it's not Windows(TM)"

I have an idea...

[Mike Schiraldi]

How about they call it GNU/Lindows?

Re:To me it's fair

[MousePotato]

allright then I hereby apply for the folloing *indows variants;
Aintdows - no this is clearly not m$
Bindows - all your /bin are belong...
Dindows - gungas client
Eindows - scary physics edition
Findows - Sharks gotta have an OS too
Gindows - Shaken, stirred...
Hindows - new religious sect
Jindows - straight up moonshine version 1.0
Kindows - the deep south hillbilly OS
Lindows - err.. oops thats taken
Mindows - Ho Chi's apple based abicus
Nindows - Trent Reznor enhanced edition
Oindows - complete with matzah balls
Pindows - an OS so simple your PHB could use
Qindows - soo bloated you need five beowulf clusters just to boot
Rimdows - the ass lickers edition
Sindows - the ultimate pr0n OS(aka Pr0ndows)
Tindows - the only os without a shrinkrap
Unindows - what you really want to rm -rf
Vindows - aint this one taken too?
W.. ahh f them
Xindows ...hrm...
Yindows - Fengshue cosmic edition
Zindows - a narcoleptic edition (formerly known as Win95)

yuk yuk...

alternate name?

[LinuxParanoid]

How about calling it "Defenestration"?

Nah, too subtle.

--LP

Re:To me it's fair

[sg_oneill]

7. Linux Macro Virus SDK

Oh well.. i thought it was funny.

Why not call it Doors?

[Anonymous Coward]

Doors are better than Windows, you dont have to climb thru it to get inside, simply walk.

ho ho ho...

Re:Microsoft's Claim is Legit (IAAL)

[suss]

The right decision would be to invalidate Microsoft's Windows trademark because it's a common word.

Well... Apple is a pretty common word too, but i don't see that one being invalidated either.

No, they should rename it to "I Can't Believe It's Not Windows!"

Re:Microsoft's Claim is Legit (IAAL)

[rtscts]

I Can't Believe It's Not Windows

Thats what my boss put in his report after I put Linux on a server. If course 'off-the-record' he actually said "what the fuck is this shit?"

Re:Microsoft's Claim is Legit (IAAL)

[Roblimo]

Heroin was also a Bayer brand name once upon a time.

Now anyone can use it...

- Robin

Re:To me it's fair

[Hobbes_2100]

You forgot a nice one:

Dildows.

Regards.