Leading intellectual property lawyers are suggesting that a U.S. District Court ruling earlier this week, which stated the word “windows” is generic and cannot be trademarked, is incorrect and probably will be overturned on appeal. U.S. District Judge John Coughenour, in the ruling released this week in a case filed by Microsoft in Seattle against rival Lindows.com, declared there are “serious questions regarding whether windows is a non-generic name that is entitled to protections of federal trademark law.”
I can understand Microsoft defending its trademark for the word "Windows"--I have no argument with that--but the word "Lindows" is a different word. Yes, it sounds almost the same, but it's (as everyone knows) a combination of "Linux" and "Windows". The usual trademark infringement argument usually is supposed to require that there would be a danger that customers would confuse the two competing names, to the detriment of the income or reputation of the original trademark holder, but nobody thinks anyone will confuse Lindows with Windows, to the point where they'll buy Lindows thinking they're buying Windows, nor would they blame Windows for problems with Lindows or its company's behavior. A trademark is also meant to cover a name that sounds the same, even if it's spelled differently, hence Microsoft pushing its case against the web site started by a kid, "MikeRoweSoft.com", whose name was... Mike Rowe. Nobody knows if Microsoft would have won (though they probably would have), since Mike Rowe is just a kid without a lot of dough for lawyers. They gave him an Xbox or something, and $1000 or something like that. In any case, "Lindows" doesn't sound exactly like "Windows", and the two wouldn't be confused with each other, so I don't see how Microsoft has a case here.
Battle Over ‘Windows’ Trademark Likely To Continue
Posted by: Gene J. Koprowski February 13, 2004 08:47 AMLeading intellectual property lawyers are suggesting that a U.S. District Court ruling earlier this week, which stated the word “windows” is generic and cannot be trademarked, is incorrect and probably will be overturned on appeal. U.S. District Judge John Coughenour, in the ruling released this week in a case filed by Microsoft in Seattle against rival Lindows.com, declared there are “serious questions regarding whether windows is a non-generic name that is entitled to protections of federal trademark law.”