NEWS Microsoft wants a big wad of cash from Lindows in the companies' continuing trademark dispute in Europe, Lindows said on Friday.
The open-source software maker said that it has received papers from Microsoft asking a Dutch court to fine it $123,000 per day for not blocking visitors to its website from the Netherlands, Belgium and Luxembourg. The action comes as the companies await a final decision in Microsoft's case against Lindows.
But such blocking could not be foolproof, Lindows argued, saying visitors could get to its website using international ISPs, proxy servers, anonymiser software and other methods that would obscure their origin. The company also said on Friday that it has completely removed its products from those markets.
Microsoft has argued in a number of courts around the world that Lindows, which makes a version of the Linux operating system, has infringed on its Windows trademark. Lindows lost a round when a judge in Amsterdam District Court issued a preliminary injunction barring Lindows from selling or advertising any products under the Lindows name in the Netherlands, Belgium and Luxembourg. Courts in Finland and Sweden have issued similar rulings, while a judge in the US has repeatedly denied such requests.
Pending settlement of the trademark dispute, Lindows last month said it would do business in the Benelux countries as Lin---s. Now, however, the Lin---s.com site shows only a note saying that visitors from the Netherlands, Belgium and Luxembourg may not access the company's website nor purchase its products.
"We have completely withdrawn our products from these markets and put notices on every page of our website, yet Microsoft is still asking that the Judge fine us €100,000 per day because non-US visitors can view our US-based website," Lindows chief executive Michael Robertson said in statement. "Microsoft's actions demonstrate this has nothing to do with protecting their Dutch trademark or confusion in the marketplace, but is simply an attempt to put us out of business."
Dinesh C. Sharma writes for CNET News.com
Comments
There are 8 comments. Join the discussion
1. anonymous
I suppose from now on I'll have to pay royalties to Micro$oft every time I install a new 'window' in my home, or maybe every time I open one. Would this apply to everyone in the world? How stupid is it to allow Micro$oft to Trademark a home/building portal.
2. Peter Killen
This whole case just goes to show how frightened Microsoft is of the Lindows product.
The namd is Lin (from Linux) and dows (from Windows) - so its a perfect description of the product.
If CocaCola and PesiCola can agree to have the same endings to their trade marks - why is M$ so up in arms. As the Lindows MD states - this is more using their might to squash the competitors before they can get a grip in the market.
3. Paul Nash
Perhaps Michael should drop the whole
lindows idea and call his site & product
definatelynotmicrosoft.com
it is available!
(Ed note. What's more, even if you were to spell definitely correctly it would still be available.)
4. Phil Thane
Good idea, but is it available if you spell it right? Definite has two i's in (from 'finite', I suppose?)
5. Paul Nash
Oops! Shouldn't have asked the missus
how you spell it then...
how about
defiantlynotmicrosoft.com then?
that's available too!
(I spell checked that one!)
6. anonymous
Good example (CocaCola vs PepsiCola). Cola is a generic word that defines a category of products. Windows USE to define a category of DOZENS of products, until Microsoft stole the word from the marketplace by exercising fraud on the trademark office to get a trademark, and then systematically forced everyone out of the market.
This would be like Delta getting a trademark on the word Airline, and forcing Southwest, United and others to stop using the word.
Hans
7. Lionel A Smith
Once again Microsoft demonstrate how shameless they are.
Also, how could a judge consider that Lindows is an infringement of copyright, it is a totally different word?
This sucks bigtime!
Let us all hope that Microsoft don't start calling elements of their OS or software by names such as Air and Water.
Drop it Microsoft you are not winning any friends.
8. anonymous
Don't get confused (Microsoft want you to). Windows is a trademark only when used in certain associations. For example "windows server" is a non-registered trademark (tm) and "windows server system" isn't even a (tm) whereas "windows 98" is registered (r). See the MS website and the advert to the right of this panel with it's grey blobs that attempt to represent trademark symbols. Microsoft have no rights whatever to "upvc Windows".
Microsoft rely on the "guilty until proven innocent" principle in most European jurisdictions to gain injunctions which might not stand up if challenged by sufficiently skilled lawyers (which most of us can't afford). If US courts are indeed refusing to issue an injunction then I applaud their sense of justice.