TechNews: Appeals Court Denies Microsoft Petition

Discussion in 'Computer Support' started by TechNews, May 24, 2004.

  1. TechNews

    TechNews Guest

    Jim Wagner May 24 2004

    Microsoft .. lost a battle of semantics against commercial Linux vendor
    Lindows on Monday, when an appeals court refused to consider the
    software giant's interpretation of the term "windows."

    The Ninth Circuit of the U.S. Court of Appeals denied Microsoft's
    petition that the jury in the trademark case against Lindows -- a name
    that bears striking resemblance to the Windows operating system (OS)
    used in more than 90 percent of the world's PCs -- should only consider
    the term as it is publicly recognized today.

    Lindows, on the other hand, has been trying to convince judges that a
    jury should focus on whether the term was generic at the time of the
    release of Windows 1.0 in November 1985. If it was a generic term when
    Windows hit the market, Lindows lawyers argue, Microsoft should not be
    able to continue with trademark infringement claims.


    Lindows officials expect the trial to resume in the second half of this
    year. Microsoft's Bill Gates and Steve Ballmer are scheduled to testify,
    as is Michael Robertson, Lindows' CEO ...
    TechNews, May 24, 2004
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