Microsoft sues Linux start-up over name

CNET.com ^ | 12 - 20 - 2K1 | Joe Wilcox and David Becker

[rdb3]

Microsoft sues Linux start-up over name
By Joe Wilcox and David Becker
Staff Writers, CNET News.com
December 20, 2001, 3:50 p.m. PT

update 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.

[rdb3]

Microsoft contends the company, which plans to formally release its product next year, purposely is trying to confuse Lindows with Windows.

It is hard to believe that someone would confuse "Windows" with "Lindows." Windows has versions of the OS which makes it identifiable. If Lindows made, say, Lindows 2000, then I would see the copyright infringement.

I say split the difference. Instead of calling the new OS "Lindows," which is a cross between Linux and Windows, why not call it "Winnux?"

Let them say that will cause confusion.

Be that as it may, I must vocally agree that the Open Source arena is a terrible business mechanism. I'm surprised at Microsoft for criticizing it so much, seeing that Open Source software will never pose a significant business threat to Bill Gates.

[Cuban123]

1 out of a billion use linux

[Libertarianize the GOP]

bump

[rdb3]

Then count me as that one in a billion.

And your point was. . . what?

[hove]

If Lindows really runs Windows apps....then I'm there dude!

[RickyJ]

1 out of a billion use linux

You're not too good with facts or figures are you?

Microsoft needs many customers like you to keep their monopoly from imploding.

[FastCoyote]

If you are one out of a billion, I am number two. Only four more to go and we have all our co-conspirator friends here.

"I'm surprised at Microsoft for criticizing it so much, seeing that Open Source software will never pose a significant business threat to Bill Gates.

I got to tell you, I don't like to lose money doing things. But right now we are developing on both Linux and NT servers. I think it is a horse race.

[Red Jones]

Microsoft made the Windows product ubiquitous, so I don't think they should complain about somebody making a natural play on the name that they've made synonymous with operating systems. I think Lindows is a fine name if Linux likes it.

[RickyJ]

"Lindows" is a completely different name than "Windows."
Microsoft's trade mark is for the "Windows" name, not "Lindows."

Microsoft is desperate to stop this software from hitting the streets.

[dep]

If Lindows really runs Windows apps....then I'm there dude!

we've had the ability to run windows apps on linux for years. but we don't usually do so, because windows apps suck, too.

dep

[Southack]

I would have called it Lindoze...

[Bill Rice]

"It is hard to believe that someone would confuse "Windows" with "Lindows."

I have a hard enough time dealing with all the chinese that sell suff now.
They already sell "Rindows".

When I had my business, I needed 5 Supra modems. The price was good, and I asked them 2 times if they were sure these were Supras. "Ah, yes...Velly velly certain -you rike!. When I got them they were some cheeseball OEM's that said "Super Modem" on the box.

[Jack Barbara]

Ok

Drop Lindows...

How about WindowZ instead?

[nm_james]

Oh my gosh, its not a real word.

So what. Companies make up new names all the time. The names are completely different. They refer to different operating systems.

Are you suggesting that companies can place a ban on people using words that rhyme with their name?

[UnBlinkingEye]

I think Lindows is a fine name if Linux likes it.

I prefer Winux (Whine-ux).

[Arkinsaw]

I think they should call it "Linux That Runs Apps For That Other Monopoly Operating System Thats Going To Steal All Your Private Info But Without Its Blue Screen Of Death".

I myself run Windows 98 but have taken the vow not to upgrade to XP. When it comes time for a new PC I'm going to take the plunge with Linux and see how it goes.

[xm177e2]

Lindows is not a real word, but a play on windows, as in windows software that Microsoft has a patent on.

Really? Are you sure?

[RickyJ]

When something is named it does not matter if it is a "real" word or not.

[D-fendr]

Well I guess I sould rethink my new psychadelic soft drink: Loca-Cola.