Lindows.com ordered to drop Lindows name: by Judges in Finland and Sweden
From: Frederick Noronha (FN) (fred_at_bytesforall.org)
Date: 12/12/03
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Date: Fri, 12 Dec 2003 12:35:00 CST
>>From a friend in Finland. If technology won't work... the courts can. FN
---------- Forwarded message ----------
this is unbelievable !
n
Lindows.com ordered to drop Lindows name
Microsoft brought legal action
By Joris Evers, IDG News Service December 11, 2003
Judges in Finland and Sweden have given Microsoft Corp. what it has
twice been denied in the U.S.: preliminary injunctions barring Linux
vendor Lindows.com Inc. from using the Lindows name.
Microsoft sued Lindows.com in the U.S. in December 2001, accusing the
company of infringing its Windows trademark and asking the court to bar
Lindows.com from using the Lindows name. The company lost two requests
for an injunction and the matter is now for a jury to decide in a trial
set to start March 1, 2004.
European courts appear to be siding with Microsoft. The Redmond,
Washington, company sought a preliminary injunction in Finland on Nov.
28 and it was granted on Dec. 1, company spokeswoman Stacy Drake said
Thursday. In Sweden, Microsoft requested a preliminary injunction on
Dec. 9 and got it on Dec. 10, she said.
Microsoft has also filed a request for a preliminary injunction in the
Netherlands and intents to do so in France, where it has already taken
the first step in that process by filing a complaint with a local court,
Drake said.
"In response to what is a clear and obvious infringement on our
trademark, Microsoft has taken action in select international
territories to curtail infringing or misleading behavior on the part of
Lindows.com," Drake said.
Lindows.com spokeswoman Cheryl Schwarzman said the company was unaware
of the Finnish preliminary injunction or the filing of a complaint in
France. Lindows did know of the Microsoft action in the Netherlands, she
said.
Lindows.com Chief Executive Officer Michael Robertson in a statement
issued in response to the Swedish injunction, lashed out against
Microsoft's legal pursuit of his company, accusing Microsoft of using
lawsuits "as a battering ram to smash Linux."
Drake denied that Microsoft is trying to stifle competition.
"Microsoft's steps in this case are only about the Lindows name. We are
merely asking that Lindows.com change its name, which obviously is meant
to copy our Windows brand," she said. "Contrary to Lindows' statements,
this is not about Microsoft trying to prevent competition."
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