Linux software maker Lindows said Monday that an appeals court had turned away an appeal from Microsoft in the two companies" ongoing trademark spat, setting the stage for a trial later this year.
In the case, Microsoft is alleging that the companys Lindows operating system software infringes on Microsofts Windows trademark, while Lindows claims that Windows is a generic computing term. Microsoft had appealed a February ruling in which a federal judge
ruled that the term is a generic one if it was generic in November 1985, when Microsoft introduced Windows 1.0. Last week, an appeals court declined to hear Microsofts motion to appeal that ruling.
"Were looking forward to getting this trial back on the fast track and presenting our piles of evidence--videos, magazines, internal Microsoft documents--which clearly show the generic use of "windows" before Microsoft commandeered the word," Lindows CEO Michael Robertson said in a statement. "This outright denial of Microsofts appeal confirms that the trial will focus on how consumers and the software industry used the term "windows" in the 1980s, before Microsoft dominated the landscape."
News source: C|Net News.com