Ruling Puts Microsoft's 'Windows' Trademark at Risk

[Rigger]

The U.S. District Court in Seattle ruled in favor of Lindows.com's assertion that the jury should consider the historical use of the term 'windows' in graphical user interfaces rather just its current usage as being synonymous with Microsoft Windows.

The court also ruled that after a word is declared generic it would continue to be generic, and thus could not be made a corporate trademark. Chief District Judge John Coughenour said in his Tuesday ruling: "If the term is found to be generic 'it cannot be the subject of trademark protection under any circumstances.'"


eweek.com: Ruling Puts Microsoft's 'Windows' Trademark at Risk

[mikeymike]

In your face, Flanders!  I mean... :-D

[lempkee]

:-D

WHOOHOOO i found out how to make SMILIES on my AMIGA with ibrowse!!!!!!!!!!!

:-)


:-) :-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-)

[CaptainHIT]

WOOT? Are you crazy man? 8-)
Where are all those smileys coming from? :-D
Are you going to start a revolt? ;-)

[Cymric]

While I applaud any court ruling in which Microsoft is the loser, I find myself wondering about the consequences of this case. Here in Holland we have a brand 'Palmolive' which manufactures soap, shaving cream, body lotions and the like. Would such a name also be considered generic, even though the pronounciation is 'wrong'? (Correct is palm'-olive, the brand calls itself palm-oh-lee'-vuh.) Here's another example: I use a computer program called 'Fluent', made by Fluent, Inc., to solve fluid flow problems. Fluent is trademarked, but is also a generic word in the English language. Would this be considered generic as well? How about the infamous 'Red Hat' distribution?

Does someone have an idea about this?

[mikeymike]

I think it's one of those "if it really was an issue" type of situation.

The ActiveX ruling against MS is one I worry about, although that might get overturned.

Software IP is a really stupid idea.

[that_punk_guy]

Ha
ha
ha
ha!

[Targhan]

The problem here is that computers were using "Windows" long before Microsoft sported a GUI.  We aren't talking about Microsoft creating the name "windows" to refer to the little boxes that open on your computer's screen.  Heck, Amiga had "windows" before Microsoft got out of the MSDOS prompt.

[Matt_H]

More bad news for Micro$oft!
I guess they could avoid this problem by renaming their product to WindOS... Oh, wait. WinDOS. That's what people have been calling it for years! :-)

[weirdami]

@Cymric

As much as I'd love for M$ to lose this case, any case, if I were the judge, I might just rule in their favor on this one. Yeah, the word "windows" is a generic term for those little boxes that GUI's do most of their work in, but "Windows" isn't being used generically to describe those boxes. It's being used as a name for a whole entity that does more than make little boxes; it just happens to be an apropos moniker. The generic term for the type on entity in question is "graphical user interface". That's not a very catchy name, is it. If M$ had put that on the box as the name, I'd rule against them for sure. It's like Ford putting out Car(tm), or Cadbury putting out Chocolate(tm). Now, if Hershey put out a almond and chocolate candy bar and called it Nuts(tm), that's not generic for candy bar. But, it is for the nut industry, so they can't stop anyone putting "nuts" on their bags of nuts. But, they could stop people from using "Nuts" as a name for a candy bar. (I'm trying to split hair on purpose to make a point.)

The Lindows people are just grasping at straws because they don't want to lose in court. Which is what any good lawyer is supposed to do because they might just find a sympathetic (or negligent)judge and win on a long shot.

Now, if M$ was selling 3-packs of windows (the glass kind) and branded them Windows(tm), they'd have some kind of trouble defending that trademark. :-D I don't see them losing the software name thing, though.

[mikeymike]

Amiga had "windows" before Microsoft got out of the MSDOS prompt.

I like this phrase :-)

[Adasha]

Well hell, they are called WIMP environments, are they not? Can't spell WIMP without the W, unless you're a goblin   :roll:

[Panthro]

Karma strikes back ....Do unto others.....etc

very funny  :-D