Microsoft and Lindows get legal over 'windows'

Microsoft and Lindows are set for a spring showdown over their respective uses of the word 'windows'. A US jury will be asked to decide in April whether 'windows' is a generic term, available to all, or not.

Last week a federal judge in Seattle refused a request by software maker Lindows to toss out Microsoft's trademark case against it, paving the way for an April trial.

A jury is now set to decide whether Microsoft has the right to protect the word "windows" in certain cases, or whether it's a generic term.

Lindows aims to offer an alternative to Microsoft's dominant Windows operating system by developing a version of the open-source Linux OS with a simplified user interface and with tools that will let the average PC user easily install and run a variety of open-source applications. The company initially pledged that its OS would run common Windows software, but it has since changed course, focusing instead on providing open-source applications that can read files created with common Windows counterparts.

Microsoft spokesman Jon Murchinson said: "We are pleased that the judge denied Lindows' motion to have our Windows trademark ruled as generic. Microsoft has built Windows into one of the most recognised brands in the world over the last 20 years, and we don't think Lindows should be able to free ride on our investment."

The case started in December 2001, when Microsoft sued Lindows and asked a judge to shut down the company's site. The software giant claimed Lindows was using a name that infringed its trademark on its flagship product, Windows. Microsoft contended Lindows was purposefully trying to mislead people by using a name similar to Windows.

However, in March, US District Judge John Coughenour refused Microsoft's request to close the Lindows site, questioning whether the company even had the right to the word 'windows'. Microsoft asked the judge to reconsider, but after reviewing the case further, he again refused to shut down the Lindows site.

Lindows chief executive Michael Robertson said he was disappointed by the decision to let the case stand and planned to prepare for trial, which is scheduled to begin on 7 April in federal court in Seattle. "We look forward to presenting our case to the jury," Robertson said in a statement.

Last year, Lindows landed a deal with Wal-Mart, which uses Lindows on some of its low-end PCs.