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Microsoft has 'dubious' claim over Windows trademark

Generations of Playschool viewers wait to discover whether Jemima and Big Ted were in breach of the law for looking through round and square Windows...

By Graham Hayday

Published: 18 March 2002 14:58 GMT

Microsoft's attempts to curtail the activities of Lindows.com have suffered a blow following a court ruling that its claim to the Windows trademark is dubious.

Lindows.com distributes software which enables Windows programs to run on the Linux OS, and incurred the wrath of Microsoft late last year shortly after its inception.

In December, the Seattle-based giant filed a motion with a US court, claiming that the Lindows name infringed on its own Windows trademark.

But on Friday, District Judge John Coughenour threw out Microsoft's demand for a pre-trial injunction shutting down the website of Lindows.com and blocking the distribution of the Lindows OS software.

Coughenour questioned the validity of Microsoft's Windows trademarks, saying that the word was so widely used in the industry before Microsoft released its first Windows-branded product that the company would be likely to lose any trademark infringement lawsuit.

But Microsoft claims that customers are "confused" by the similar names.

Back in December, Michael Robertson, former CEO at MP3com and one of the founders of Lindows, claimed there was zero chance of anyone confusing Microsoft with Lindows.com.

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