main

Judge denies Lindows' request to halt Microsoft suits

malebolgia   on 05 April 2004 - 23:18 · 7 comments & 257 views

Advertisement (Why?)
Microsoft Corp. can continue to pursue trademark infringement cases against Linux vendor Lindows.com Inc. in international courts, a U.S. federal judge ruled Friday. San Diego-based Lindows.com had asked the U.S. District Court for the Western District of Washington to stop Microsoft from suing it outside the U.S. and to strike a January ruling by a Netherlands court ordering Lindows.com to make its Web site inaccessible to people in Belgium, the Netherlands and Luxembourg, the Benelux countries.

Chief U.S. District Court Judge John Coughenour on Friday denied Lindows.com's request, stating in his ruling that there is no reason to interfere with the jurisdiction of foreign courts. However, he indicated that if a foreign court were to impede on the constitutional rights of Lindows.com he would act. Lindows.com claims it is technically impossible to comply with the Dutch court's order to block access to its Web site from the Benelux countries. The company had argued that it would be forced to shut down its Web site if the U.S. court did not intervene and that closing its Web site would violate its First Amendment rights.

News source: InfoWorld




Post a comment · Send to friend Comments · There are 7 additional comments
(1 reply) #1 Starcom826 on 06 Apr 2004 - 00:25
How does Lindows sound like Microsoft Windows? Microsoft trademarked MICROSOFT Windows....
#1.1 markjensen on 06 Apr 2004 - 01:07
If you check, I believe they have trademarked "Microsoft Windows" "Windows 95" (et al), "WINDOWS", and "Windows". Now, perhaps the "Windows" could be argued as invalid... possibly...

But WINDOWS™ as a stand-alone word has been covered by Microsoft. (sort of like UNIX™ vs. Unix, or SPAM™ vs Spam)
#2 Mr. Black on 06 Apr 2004 - 14:56
This is kinda sad...I was hoping that the judge would have at least stopped the crap Microsoft is pulling overseas..

Oh well...Lindows knew they were treading on thin water when they started.
#3 BOOGSoftball on 06 Apr 2004 - 15:02
Burn, Lindows, burn!
#4 AtlasDS on 06 Apr 2004 - 16:55
Burn, Windows, Burn!
#5 LPC on 07 Apr 2004 - 08:40
It appears MS have won .... and in this case I agree with'm.

#6 theprotege on 07 Apr 2004 - 09:07
woo hooooo burn pirate burn...next up...apple sues on the website rip off...

Commenting has either been disabled on this article or you are not logged in. Click here to login or register, its free!

Note: Anonymous commenting is disabled in order to keep the quality of responses to a high standard.

Advertisement (Why?)