MicroSoft: 'Lindows' violates our trademark

[sirjon]

Microsoft asked a court on Thursday to stop a Linux start-up from using a name the software giant contends infringes on the Windows trademark.

The Redmond, Wash.-based software giant filed a motion with the U.S. Court for the Western District of Washington against Lindows , which is developing a version of the Linux operating system that will run popular applications written for Microsoft's Windows OS.

Microsoft contends the company, which plans to formally release its product next year, purposely is trying to confuse Lindows with Windows. The suit asks the court to order the start-up to stop using the Lindows name and also seeks unspecified monetary damages.

"We're not asking the court to stop the company  from making their products," said Microsoft spokesman Jon Murchinson. "What we're saying is they should not use a name that could confuse the public and infringe on our valuable trademark."

Lindows is based on the Wine project, an open-source effort to mimic the commands that Windows programs use. The San Diego-based Lindows company was launched earlier this year by Michael Robertson, former CEO of digital music site MP3.com.

Robertson characterized the move as another attempt by Microsoft to thwart a viable threat to its Windows empire.

"If they're alleging that people are going to be confusing Microsoft Corp. with Lindows.com, I think there's zero potential of that happening," he said. "If people are confused, just remember that we're not the convicted monopolist."

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."

Robertson said he had heard from nobody at Microsoft regarding the name dispute. "They just filed lawsuits," he said.

Microsoft has been involved in an increasingly fractious war of words with Linux supporters this year, with Microsoft executives castigating the open-source distribution model behind Linux as a sure road to commercial failure and on blight for software development.

Emmett Stanton, an attorney at Palo Alto, Calif.-based Fenwick & West, said Microsoft has not been overzealous in the past about protecting its trademark, allowing spoof sites and others to go unchallenged.

"They're not the type to sue at the drop of a hat," he said, concluding that there appears to be solid ground for the Lindows complaint. "Superficially, you would have to say there's some potential for confusion, and the defendant may be trying to trade on Microsoft's position in the marketplace."

Robertson said he hoped to have a preview version of Lindows ready for download by next week, with a full version ready early next year. He said the company is targeting small and medium-sized business that might be interested in switching to a less expensive operating system but have invested in Windows applications such as Office.

"We're trying to give consumers a choice, where there's really no choice today," he said.


(C)2001 ZDnet.com

[ December 21, 2001: Message edited by: SirJon ]

[ December 21, 2001: Message edited by: SirJon ]

[voidmain]

Just goes to show what MS thinks of their users.  It also shows how scared they are that some two bit OS built by hacks might pose a threat to "the Redmond Software Giant" (God I hat that phrase, makes me want to puke). MS the company are just a bunch of pussys who have lawyer thugs Lenny and Guito to push everyone around.  Our company got a visit from Lenny and Guito and we ended up being a couple hundred thousand short on software licenses.  You need a phreaking PHD to figure out their Licensing...  And they wonder why I like Linux....

[Louis D]

Its spelled Guido not guito.  And if that was really his name, he would have come with a baseball bat instead of a lawyer.

[machead]

quote:Originally posted by SirJon:
[QB]Microsoft asked a court on Thursday to stop a Linux start-up from using a name the software giant contends infringes on the Windows trademark.

How sad that a big company like Microsoft has to pick on a smaller company like this because they  call themselves Lindows.

I thought big companies like MS exuded confidence and pride.  

How naive I was.  This past week saw a company mightier than MS, Enron, collapse.

Could it be that MS stooping to such juvenile tactics is a symptom of something bad?  :confused:  

If I were MS I'd figure out a way out of the DOJ debacle that would ensure that I did not go bankrupt.

The REAL sin about being so big is that you lose control.  That's more a Steve Ballmer mentality.

 

[Joshua]

What about all of the companies that sue MS for being a monopoly(more like a huge success)? Suing a company because it is more successful than yours is pretty low. You people are hypocrits, you think it is ok for the small guys to do something but it is bad when the big guy does the same thing back.

[Foney]

quote:Originally posted by Joshua:
What about all of the companies that sue MS for being a monopoly(more like a huge success)? Suing a company because it is more successful than yours is pretty low. You people are hypocrits, you think it is ok for the small guys to do something but it is bad when the big guy does the same thing back.

werd

[gump420]

quote:Originally posted by Joshua:
What about all of the companies that sue MS for being a monopoly(more like a huge success)? Suing a company because it is more successful than yours is pretty low. You people are hypocrits, you think it is ok for the small guys to do something but it is bad when the big guy does the same thing back.

And you don't know how to spell hypocrite.

In any case, moron, you are missing the fucking point. Microsoft is a predatory monopoly, not some fucking benign or altruistic company like you apparently are stupid enough to believe. If the only reason to hate Microsoft is because they are successful, then why don't people hate Lego or Kleenex or any of the other wildly succesful companies out there, you god forsaken idiot?

[jtpenrod]

These M$ asswipes sure don't lack for nerve. Have you noticed their recent obsession with all things "X" - Win XP, X-Box? All this *after* Apple introduced OS X. (They were either too dumb to know that that was a Roman numeral for "10", or they figured that the rest of us were too stupid to know that.) How about AMD's bringing out a processor called "XP"? Why no law suits there? Now they complain about "Lindows"? What is that: L + indows, or Lin + dows? Perhaps Linus ought to sue them as well for infringing on the name Linux?  

___________________________________

Live Free or Die: UNIX

[ December 22, 2001: Message edited by: jtpenrod ]

[Akronan]

quote:Originally posted by jtpenrod:
These M$ asswipes sure don't lack for nerve. Have you noticed their recent obsession with all things "X" - Win XP, X-Box? All this *after* Apple introduced OS X. (They were either too dumb to know that that was a Roman numeral for "10", or they figured that the rest of us were too stupid to know that.) How about AMD's bringing out a processor called "XP"? Why no law suits there? Now they complain about "Lindows"? What is that: L + indows, or Lin + dows? Perhaps Linus ought to sue them as well for infringing on the name Linux?      

wtf? you think everything that has an X in it is because of MacOS X???  uummm ok
and so what if heaps of pc things use X. EVERYTHING on a mac has an i.

and about the athlon XP. they had a deal with microsoft. They did it together.

Microsoft also hasnt trademarked the letters XP. they have trade marked "windows XP" but no XP so they dont have grounds to sue even if they wanted to

[Louis D]

I wanted to say merry chirstmas to all.  Fuck microsoft and the stupid shit they do.  Yes, they are a huge success.  Yes, that is one of the rewards of capitalism.  And I don't think all monopolies should be broken up.  The Sherman anti-trust act is really a poor piece of legislation.  When Standard Oil was broken up, oil prices actually rose and the consumer was hurt.  The difference here is that if microsoft was standard oil, every car would be running on gasoline that prevented the doors from being locked and seatbelts would be disabled by default.  Rockefeller built that company because he believed he was using the most efficient means necessary to produce the cheapest product.  (oddly enough, part of the reason that Standard was broken up was because they were "using the most efficent means to produce oil"  That was one actual charge against the company) Of course they weren't the nicest oil company in history, but business is, and should be cut throat.  And in the end thats how we as consumers benefit. No one, not even microsoft believes that they are producing the best and cheapest products.  They are producing the only product.  Its bad business for them to worry about fixing countless securtity holes, the don't need to.  Lets not forget we created this company.  The purpose of this site now seems to be to correct the mass stupidity that caused microsoft to be so successful.

[jtpenrod]

quote: Fuck You Too

--Akronan    

Here is another example of the intellectual astuteness I've come to know and expect from Microsofties everywhere.

_____________________________________________

Live Free or Die: UNIX

[ December 23, 2001: Message edited by: jtpenrod ]

[Graniteman]

Hi Meathead,

I agree, the public at large has built M$ with its support. Even after the numerous security problems, stolen personal identities, millions of accumulated hours of lost productivity - the lemmings run like mad for each new thing M$ comes up with. Hopefully, real-market alternatives, supported by word-of-mouth (and electrons), will eventually help.

The Standard Oil breakup indeed was not well thought out, but in those days, neither was the future impact of anything Standard Oil was doing to its workers, nor the environment it operated in. The longer term impact of Sherman Anti-trust is evident if you ever travel to an oil producing third world country, and see how these same companies operate elsewhere. The USA isn't pristine, nor perfect, but at least here, we generally can drink decent water, breath ok air, let our kids play in the dirt.

I don't buy capitalistic free-for-all, as a justification for anything, because in reality, what we have is a mixed economy. We have it all, in some kind of balance, and though constantly shifting and evolving, it works well. I agree, the job of business is to do business well, but cutthroat is short-term strategy.

If you want to see what I mean, look at Canter-Fitzgerald. That was one aggressive company, still is. It got that way via tough-nosed business decisions, but the leader has heart. After they lost most of the people in the WTC attack, the regrouped, and rather than back away, and enjoy a continued obscene level of profit, is paying MILLIONS of dollars out to families of lost workers, for years to come.

That, my friend, is not cutthroat. But, the CEO, in fact is one of the most aggressive, hard-nosed businessmen on the planet. The guy has incredible balls, but apparently, has long term vision and true courage, as well. He's taking care of the people who helped him build his company in the first place.

It takes balls to do the right thing. It takes balls to be interested in knowing the right thing, too.

Taking care of people is the right thing. Microsoft isn't taking care of this country, nor this world, by abusing the position we've all contributed to. Microsoft is cutthroat - BUT HAS NO BALLS.

[Every-OS-Sucks]

"If they're alleging that people are going to be confusing Microsoft Corp. with Lindows.com, I think there's zero potential of that happening," he said. "If people are confused, just remember that we're not the convicted monopolist."

I'm still laughing    

Microsoft will be worried about Lindows. Companies being able to run windows apps without an MS OS underneath must be giving Bill nightmares.

If Microsoft were smart, they would not have given Lindows the free publicity.

[Snoozer]

As much as I hate M$ I think they have a valid point here. since Lindows is geared towards windows users.

[Every-OS-Sucks]

What Lindows would be great for, is smoothing the migration from windows to Linux or Unix, not just for users but especially for companies who have paid a fortune for applications and training and don't want to switch to something else (yet) but do want to stop paying the outrageous OS license/upgrade fees to MS.

This will give companies who want to, time to migrate without losing functionality. A brilliant idea.