Microsoft vs. Lindows

[Nemesis77]

<<

<< There is SOME similarity in the names, with the purpose of telling customers that it's meant for people who have used MS Windows. >>



Exactly, *that* is why they called it Lindows. Now you can see why Microsoft is suing - they don't want people confusing Lindows with Windows. Simple as that. >>



No, they would NOT confuse it with Windows! The name is supposed to tell the customer that "Hey, if you like Windows, you would like this Linux-distro too!". It's NOT supposed to deceive the consumer into thinking that he's getting a MS-OS! Or do you think that consumers would just think "Lindows. They must really mean Microsoft Windows. No, I don't need to check out and see what this procuct actually is, since it almost says "windows" on it, so it must be what I'm looking for. I should mention that the salesperson had accidentally placed this Microsoft OS (altrough on this case, the manufacturer seems to be "Lindows.com", another typo, I'm sure) in the Linux-software section of the store...."

The name of the product is NOT similar to any product-name registered by Microsoft! LindowsOS ==> Microsoft Windows XP. No similarity.

 

[singh]

Obviously, I don't give the "consumers" as much credit as you do. We'll just have to wait and see the results

 

[Mrburns2007]

Microsoft is just scared....and these cases are a dime a dozen because there are a lot of companies that try the same thing and they get away with it.

The bottom line is buyer beware.

 

[Nemesis77]

Like I said, "Windows" is a generic word and MS has no rights to it. And... The courts agree! The judge presiding over this case has given his preliminary ruling:



<<
Windows, one of the best-known trademarks in the world, may not be a name Microsoft Corp. can own and use exclusively, a federal judge ruled yesterday.

In a narrow, preliminary ruling that could change at trial, Chief U.S. District Judge John Coughenour wrote that there are "serious questions regarding whether 'Windows' is a non-generic name and thus eligible for the protections of federal trademark law."

He made the ruling in a case Microsoft brought against Lindows.com Inc., a 6-month-old San Diego start-up trying to introduce an operating system called Lindows.

The software giant sought a preliminary injunction against Lindows.com Inc. to halt the smaller company's use of the name Lindows before a full trial.

But the judge denied the injunction, saying Microsoft hadn't demonstrated that it's likely to win the trial.

A trial date could be set Tuesday, probably 12 to 18 months from now, said Scott Wilsdon, a Seattle attorney representing Lindows.

At the least, yesterday's ruling means Lindows can continue using the name for now, Wilsdon said.

"It's a significant victory for a small company trying to make its way in the world," he said.

More generally, it may mean anyone can begin using the Windows name on their products. But that right could end abruptly if Microsoft wins at trial.

The case is the first time Microsoft's claim on the exclusive right to use "Windows" as a product name has been challenged since the company began using it, in 1983.

Microsoft said in a prepared statement, "We are disappointed with the ruling, but we intend to pursue our claim to protect our trademark." >>



Source

I rest my case.

 

[RSI]

IMO, Nemesis77 has the best argument, and I agree with him.

 

[ant80]

I really really hope the preliminary ruling is made more permanent.

The inquirer has this following article. I hope this settles the matter in lindows favour.

 

[Barnaby W. Füi]

<< looks like a heavily modified KDE..... >>


kde is just a desktop environment. the whole deal behind lindows is their modified version of wine, allowing you to use windows apps. sure, they changed some kde icons and whatnot, but thats just a visual change. i could do that myself.

 

[manly]

<< Obviously, I don't give the "consumers" as much credit as you do. We'll just have to wait and see the results >>



No, you're the one giving consumers too much credit.

When they buy an HP PC at Best Buy, or configure a PC at dell.com, the only choices are WXP Home or WXP Pro. As an aside, this is a clear example of how Microsoft's business actions were anti-competitive in the OS market (not to mention other products), as determined in the landmark anti-trust case.

How LindowsOS enters their consciousness and confuses them is beyond me. If you realize that most consumers are not PC/software literate, then you'll understand LindowsOS isn't even targetted for them.

For the ones that are semi-literate, they'll understand the difference between Windows and MacOS, but utter the word Linux, and they'll walk away confused like a PHB in a Dilbert cartoon.

Honestly, based on the preliminary injunction, I'd love to see M$ see this trial all the way through and weaken their "Windows" trademark brand. If M$ hadn't done anything, LindowsOS would pass within a couple years anyway, so I see this merit-less trial as possibly shooting themselves in the foot.

Then again, we already know M$ has the resources to buy off a legal objective, so I'm not exactly chomping at the bit to see the courts decide either.

 

[KEV1N]

This reminds me of yesterday, when I was at Safeway. In the cracker aisle I saw boxes of Wheat Thins, and next to them, Safeway's version: Thin Wheats!

 

[Cessna172]

No way am I putting something called "Lindows" on my computer.

Gayest OS name ever.