Microsoft and Lindows Settle Trademark Case 305
An anonymous reader writes "According to an official press release hosted over at Yahoo, Microsoft and Lindows have settled their trademark case, and have announced: 'Over the next few months Lindows will cease using the term Lindows and transition to Linspire globally as our company name and primary identifier for our operating system product.' Although it's claimed: 'Terms of the settlement are confidential', ZDNet has an article filling in more details, including the fact: 'Microsoft will pay upstart Linux seller Lindows $20 million... [so that Lindows] will give up the Lindows name and assign related Web domains to Microsoft.'" We've previously covered the Microsoft and Lindows conflict in some detail.
Is it over? (Score:5, Interesting)
That said, I'm glad to see the end of this as an issue... until Sunbean sues Linspire over their trademark [uspto.gov]
Re:Is it over? (Score:2, Informative)
The same thing happened when the Minnesota Hockey team decided on the name "Wild". A small local jam/jelly company tried to sue over it because of similar names, but it was thrown out because the two organizations were in mutually exclusive industries.
Re:Is it over? (Score:2)
Re:Is it over? (Score:5, Funny)
"Linspire - Where do you want to go today?"
Try it, you may be able to get another 20million outta them.....
---
sig line? We *don't* need no stinky sig line.
Re:Is it over? (Score:2)
Re:Is it over? (Score:3, Funny)
Settlement gains them 35% over predicted IPO (Score:2)
Re:Settlement gains them 35% over predicted IPO (Score:3, Informative)
Re:Is it over? (Score:2, Funny)
Lycrasoft XWindows PE (Premium Edition)
Think I could get DuPont to give me money too?
What a cop out! (Score:5, Insightful)
Although I guess you probably would find it difficult to refuse MS cash if you were a company.
Re:What a cop out! (Score:5, Insightful)
Expecially if it was a dumb sounding name to begin with!
The only part of this deal that I don't like is turning over the domain name...just what does Lindows have to do with Windows?
Of course, I guess that's what this whole case was about =)
Re:What a cop out! (Score:2)
It seems like Microsoft could have achieved this through less expensive and less hostile means.
Re:What a cop out! (Score:3, Funny)
Oh wait, MS has the Lindows trademark now... you're screwed.
Re:What a cop out! (Score:5, Funny)
Hi! Call me Fuckwad!
And with $20 million dollars in my pocket that's Mr. Fuckwad!
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Re:What a cop out! (Score:3, Interesting)
I think considering the earlier slashdot story proclaiming "VNUnet has a story about Longhorn having the ability to run unix or linux code via SFU." [slashdot.org] that it wouldn't be unreasonable to see Microsoft begin using the word "Lindows" for such a technology.
A quote from the article is "SFU is not shipped with Windows because S
Re:What a cop out! (Score:5, Insightful)
On the one hand, they make some quick cash to help their business grow. On the other, they fight against a company with enough money and legal resources to continue a trial for decades. It only makes sense that they take a profit over a loss, considering the legal fees involved with an extended trial.
Re:What a cop out! (Score:3, Interesting)
It makes me wonder why Microsoft is more afraid of the name "Lindows" than of giving a small upstart competitor $20,000,000
Two reasons (Score:5, Insightful)
Two, there was a real danger of losing their trademark on Windows as being generic.
Re:Two reasons (Score:4, Funny)
Re:Two reasons (Score:5, Funny)
Actually the poster probably meant a movie ticket + small popcorn and thimble of Sprite, which $84 would almost cover.
Re:Two reasons (Score:3, Funny)
At that point you might as well spend $84.25 and get the gallon of Sprite. It's only a quarter more!!! And such a good deal!!!;-)
Re:What a cop out! (Score:5, Informative)
There's no such thing as bad publicity.
Re:What a cop out! (Score:5, Interesting)
This settlement just proves, once again, that Michael Robertson doesn't walk his talk. The same thing happened with MP3.COM. He folded without ever concluding a court battle.
It would have been one thing had he didn't pretend to be some pro-little-guy visionary. If he was up front about being a mere speculator of up-and-coming technologies (MP3, Linux, what's next?), then I could tolerate his actions. I still wouldn't like him, but at least everyone would know what they are dealing with.
What a chump.
What's generic about it? (Score:2)
I don't think it's so much that some here actually believe it's too generic to be trademarked--they just want to strike back at Microsoft in some way out of some bizarre vindictiveness.
Re:What's generic about it? (Score:4, Informative)
There's nothing wrong with those names - it's the use of the words windows [reference.com] or office [reference.com] OUTSIDE the phrase incorporating the Microsoft name.
MS still seem to be setting themselves up for it - go here [microsoft.com] and check out all the use of the proper noun 'Office' without any off the 'Microsoft' or version qualifiers! That's where the issue has, does and will continue to lie.
Re:What a cop out! (Score:2)
Others would call it very good timing [streamingmedia.com]
Robertson has seen both good and bad outcomes of lawsuits. My guess is that he saw that this was the best way out of this trademark fight - he probably did the math and decided that even if he'd win in the end, it wouldn't make him more than $20MM.
This is Win/Win for everyone involved. MSFT's trademark on X-windows isn't thrown out yet, and Linspire gets the value they expected.
Re:What a cop out! (Score:5, Funny)
This is Win/Win
I would have called it a Win/Lin.
...sorry, couldn't resist.
This is one case where I was rooting for microsoft (Score:5, Interesting)
Hopefully after being forced to change their name will cause computer companies to consider bundling other "distributions" (if you deign call "lindows" a "distribution") such as mandrake or fedora wich are much more free (as in speech and as in beer), and who have not based their business model on a combination of selling free applications and having a name that sounds like 'windows'.
Re:This is one case where I was rooting for micros (Score:4, Insightful)
Re:This is one case where I was rooting for micros (Score:3, Interesting)
So, because Lindows has taken Linux and gone after the lowest common denominator, the "average" user, the Uber Script Kiddies and Uber Wanna Be Geeks diss it as not really Linux, after all "grandma" ca
Re:This is one case where I was rooting for micros (Score:3, Insightful)
If it were that, you'd see the same comments about Xandros and Lycoris. Lindows just comes across as sleazy and disreputable: the constant imitation of trademarks from Microsoft and Apple (that you've got to think are done with an eye towards generating publicity), the rebadging of others people's open-source applications, the ludicrous claims of Windows compatibility. There's a feel
Re:This is one case where I was rooting for micros (Score:4, Informative)
Linspire also contributes [linspire.com] heavily to a range of OSS projects, such as WINE, GAIM, Mozilla, NVu, Reiser4, etc. Xandros, on the other hand, doesn't (AFAIK).
Not to mention that they managed to do the unthinkable: get Linux into Wal-Mart and other mainstream places. They've gotten the topic a hell of a lot of press, too.
I'd say their distro may even come second to their bolstering of the "you don't have to settle for Windows" crowd.
Re:This is one case where I was rooting for micros (Score:2)
What's so wrong with Linspire that you don't want them to join your following? I see this attitude everywhere, but I don't understand it. I hope this is something more than the script-kiddie "If grandma can use it then it sux: OSS should be hard to use" attitude.
Because Lindows, Linspire, or whatever you want to call it, sets up users to run as root. That is one of the major mistakes made by MS and is a wide open security hole. Having a bunch of rooted Lindows boxes causing havoc would be a black eye f
Re:This is one case where I was rooting for micros (Score:3, Informative)
Last I checked Lindows had fixed this root problem.
From the Linspire knowledge base:
Obviously, root is the default, and n00bs won't know any bette
Re:This is one case where I was rooting for micros (Score:5, Informative)
Ok, I'll bite. I don't use Lindows/Linspire but this post is incorrect.
1. Lindows sells a subscriptions service where they offer easy to install apps. This may not seem useful to you but it's very useful to a horde of people for whom installing software is too complex. They are selling "making it easy for you" not the free software.
2. Lindows doesn't represent the community and nobody would take seriously an attempt on their part to do so. They do however contribute to it. Recently, for example, they hired a fulltime mozilla developer. I'm also pretty sure they help finance/contribute to the development of some KDE apps. Additionally, they help pay for the bandwidth of the kdelook website.
3. Microsoft's rights to the word window are debatable at best. IMO owning the rights to the use of words in a specific context is a stupid idea that should never have been allowed.
4. I don't blame Lindows for taking the 20mil. It's not cheap fighting litigation all around the world and extra tough when you're trying to build a business at the same time. Especially when your opponent has bottomless pits of money.
Full Text of the Confidential Agreement - link (Score:5, Informative)
Re:Full Text of the Confidential Agreement - link (Score:4, Interesting)
That agreement mentions removal of Windows media codecs from Linspire.
Looks like it was about more than just the name!
Or is this just microsoft demanding removal of EVERYTHING microsoft.
I feel somewhat dirty reading a confidential agreement, but then again its microsoft so it balances out.
Re:Full Text of the Confidential Agreement - link (Score:4, Informative)
The Company Formerly Known as Lindows agrees not to contest any MS trademarks ever again.
TCFKaL agrees to no longer distributes programs that can display
Re:Full Text of the Confidential Agreement - link (Score:3, Informative)
Re:Full Text of the Confidential Agreement - link (Score:2)
Now, with the Lindows trademark out of the way...
Michael Robertson sells out again... (Score:2, Insightful)
MR fought pretty hard (Score:5, Insightful)
He was one of the first people to try challenging Microsoft for the desktop head-on.
He managed to grab $20M in funding from Microsoft.
He funded the "run Linux on the XBox awards" that partly funded the practical breaking of the XBox DRM, which probably cost Microsoft quite a pretty penny in lost royalties.
MR may not be a nice person. He may not even be someone that you want associated with Linux. You could argue that he hits below the belt when he fights. But one thing you can't say is that he wasn't fighting against Microsoft, because he did, more so than just about anyone out there -- he walked up, challenged Microsoft, and has been steadily beating them, abeit with a thousand little stabs. He's managed to cut himself a nice little niche out of Windows market share while staying about as high-profile at Redmond as could possibly be imagined. He's one of those rare beasts -- a competent exec.
He's hardly sold out -- he now has a slightly changed product name (that personally, I find more appealing), a good chunk of money, plenty of publicity from the case, and based on what he's done so far, I expect that he'll do fine for himself.
Is Xindows taken? (Score:3, Interesting)
Re:Is Xindows taken? (Score:2)
I'll call it "Micosof windows". I'd be happy to give the name up for $20 mil.
Re:Is Xindows taken? (Score:3, Funny)
US Business Method Patent Application #91704002
Inventor: Michael Robertson
Abstract:
Lacking linspiration (Score:5, Funny)
I love it! (Score:5, Insightful)
Sweet!!!
Hmm... (Score:5, Funny)
I think it's time to roll out a Gentoo based MS Windows look-a-like named Gindows.
- A s M -
Re:Hmm... (Score:3, Funny)
QUICK, register Dosy.com, NToo, WORDy, etc. (Score:2, Funny)
You too can make $20M. I am sure you can find lawyers willing to do the paperwork for you (on an if-come, for about $50%).
Re:QUICK, register Dosy.com, NToo, WORDy, etc. (Score:2)
Re:QUICK, register Dosy.com, NToo, WORDy, etc. (Score:2)
I remember in the days of the Atari 800 series (I still have my old 800XL!) there was a word processor called "First XLEnt", intended to be pronounced "first excellent" (X-L-Ent), so there's already a product with that name.
"Wordy" sounds nice. It could have a variation of the auto-correct feature, where it replaces words with wordy phrases as you type. Imagine the potential for when you have to w
Sort of like wxWidgets (Score:4, Informative)
Microsoft offered some assistance in getting a hold of a new site for wxWidgets, as well as offsetting costs, but it was nothing along the lines of $20 Million.
So Microsoft has been going after other people in the "similar" namespace and using carrots and sticks to move them away from the Windows name. Generic or not, they are doing everything they can to ensure "Windows" is associated only with the Microsoft product.
Re:Sort of like wxWidgets (Score:3, Informative)
Now, Acrobat(tm) is. If I release a program called "AcroWrite" there might be a problem... IANAL though.
Redirecting web domains (Score:5, Interesting)
Confusion multiplies (Score:2)
MS Lindows, anyone?
M$ puts out the cash! (Score:5, Insightful)
Re:M$ puts out the cash! (Score:2, Redundant)
$20 Million! Get rich quick (Score:5, Funny)
Aindows.com
Bindows.com
Cindows.com
Dindows.
Eindows.com
Findows.com
Gindows.com
Hindow
Iindows.com
Jindows.com
Kindows.com
Mind
Nindows.com
Oindows.com
Pindows.com
Qi
Rindows.com
Sindows.com
Tindows.com
Vindows.com
Xindows.com
Yindows.com
Zindows.com
I anxiously await 24 $20M checks.
-m
Re:$20 Million! Get rich quick (Score:5, Funny)
Re:$20 Million! Get rich quick (Score:2)
Re:$20 Million! Get rich quick (Score:2)
0indows.com
1indows.com
2indows.com
3indows.
4indows.com
5indows.com
6indows.com
7indow
8indows.com
and
9indows.com
Only $200 million, but oh well
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Vindows (Score:5, Funny)
Seriously, with MS so close to losing their trademark, why not more people set up names similar to windows and cash in challenging them in court.
MS throw about their weight with trademarks way too often (MikeRoweSoft is a recent example), if I was called Bob I'd be scared that they'd sue me next.
Re:Vindows (Score:2)
We could even call it Vindows NT.
Or call it Vindows MS, abbreviated VMS, and hit Windows, MS, and VMS all at the same time!
In Other News (Score:5, Funny)
Re:In Other News (Score:2)
Microhard Wallholes XP
Millisoft Wordy XP
Billsoft Internet Navigator
the possibilities are nigh endless...
Good For Lindows (Score:3, Insightful)
I predicted this way back... (Score:3, Interesting)
Re:I predicted this way back... (Score:2)
This can only be a good thing for open source (Score:2, Funny)
Didn't Alanis Morisette right a song about this?
Hmm... $20m? Or... (Score:2)
Despite the 'funny' mod, I think you were actually serious. (Or possibly trolling.)
What about that Linux WMA player? (Score:3, Interesting)
I'm more interested in one of the settlement terms where Lindows..er..Linspire will remove certain components and M$ will provide alternatives. This means that MS will have to port some software to Linux. Ouch!
Summary of "Confidential" agreement (Score:5, Informative)
So I have a question. Can Linus Torvalds sue Linspire for using the "Lin" part in its name? Wait. Bad idea. Because then Linus would have to pay Linspire $20 million!
Re:Summary of "Confidential" agreement (Score:2)
Linspire accepts Microsoft's claim that "Windows" is a Microsoft trademark. Is it? I doubt it as generic terms are not trademarkable. I think "Microsoft Windows" is trademarked.
Yes, "Windows" is a Microsoft tradmark.
That's what the whole lawsuit was about.
They called it "Lindows", not "Licrosoft Lindows".
Frankly, I think it sucks that they ceded to this, as "Windows" should _never_ have been trademarked, as it had been in use for the exact same meaning for many years before Microsoft decided to "inve
Re:Summary of "Confidential" agreement (Score:2)
Now we know what Microsoft paid for: A legal precedent regarding the name.
Too Cheap. Way too cheap. (Score:2, Interesting)
|_lindows could have easily gambled much longer and higher.
Rainer
Moo (Score:2)
And about time... (Score:3, Insightful)
But I would like to say, I think Microsoft not only would have won any court cases, but probably should. "Lindows" is clearly a trademark infringement, and for the so-called "Joe Whatever" so trumpeted here as the "average user", it simply isn't clear that there would be no confusion. Whenever I think people are not that stupid, they always prove me wrong.
Re:And about time... (Score:2)
Well, obviously that's your opinion. But the judge had already warned MS about their "trademark," and it's quite likely that Robertson would have brought up the fact that MS tried three previous times to trademark "Windows" and was denied each time. Then, inexplicably, MS is granted a trademark on a generic word. I doubt MS wants the court looking into that too closely.
Bloomberg story (Score:3, Informative)
New Company to fight Windows trademark (Score:4, Interesting)
I am currently soliciting investment funds from entrepeneurs in the amounts of $50.00 or more each toward this goal. Private share certificates will be issued for each investment of $50.00, and for the first $1000 (oops) I meant 1000 people who have limited funds and can only donate (oops again) invest $25 dollars, I will divide the investment shares accordingly.
If the venture company really takes off, we will all become rather rich. However, the best we can hope for is for that big nasty company to come try to put us out of business by claiming they have rights to our name. The way I see it, with two million dollars to pay attorney fees, we will still have $18 million to share after we change our name and settle out of court. For those who have invested in the initial two million dollars, your return will be a whopping 400 percent, allowing you to recoup your investment plus 300 percent in less than 3 years.
That leaves me as CEO and owner, having made the company what it is, with just enough to limp along and start over with --- well, I was thinking of something like "Rindows".
Please forward your donations to me at my websites, vindows.com and three years from now, rindows.com. Please don't get the names mixed up since others may try to scam you out of money by registering similar websites like "dindows" of "findows" or even "zindows".
Thanks ahead for your donation (oops still again). I meant investment.
CEO and Owner, Vindows
Re:New Company to fight Windows trademark (Score:2)
This really boggles the mind (Score:5, Insightful)
Whether you like it or not, whether its trademarkable or not, people associate 'Windows' with Microsoft Windows. Naming their product 'Lindows' was an attempt to be leach off of a brand name.
This is so obvious to anyone who isn't blinded by dumb hatred of anything Microsoft. If there was any OSS software that was popular amongst the novice computer-user masses, and MS named a competing product almost the same thing, there would be OSS bedwetter outcry galore.
This dishonest crap of changing one letter in a name, or naming it something very similar, or making the logo similar, has been going on for far too long; long before commerical computer programs. Its BS, no matter what medium its in. Don't applaud it.
Re:This really boggles the mind (Score:2)
Dell and Hell? Hmmm....
Re:This really boggles the mind (Score:2)
That's why we have the USPTO to sort things out.
Whether you like it or not, whether its trademarkable or not, people associate 'Windows' with Microsoft Windows.
It doesn't matter whether you or I like it. The only thing that matters is if it's trademarkable or not. If it's not, then Microsoft should have pick
Re:This really boggles the mind (Score:5, Insightful)
They didn't extort money from Microsoft!
Microsoft OFFERED them money to kill off the lawsuit that Lindows launched to try and revoke their illegal "Windows" trademark.
In this sense, Microsoft "legally" bribed them to not go to court... think about that for a minute.
The term "windows" (to mean a paned graphical user interface) was in use for _many_years_ before Microsoft decided to claim it as their own.
Microsoft threw their weight around to get this trademark.
Do you think it's fair that giga-corporations can patent and trademark anything they feel like just because they have more money than a smaller company?
Re:This really boggles the mind (Score:4, Informative)
Then it is a generic word and you cannot remove a generic word from the language by trademarking it.
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maybe they should come at it a different way (Score:5, Insightful)
It seems knock-offish I know, but imagine the advertising possibilities:
"Why look through a Window when you can walk through a Door"
or
"Make sure you take the right Steps to yada yada yada..."
Re:maybe they should come at it a different way (Score:2)
Too late... "Doors" is an existing software development/management package.... they'd likely sue your lips off.
Lindows v. Micro$oft (Score:2, Interesting)
Michael Robertson and Larry Ellison (Score:3, Interesting)
Both run tech companies. Both have personalities (based on reports and news stories) that could be categorized as "dickhead."
And both appear to be redeemable for the sole reason that they seem to really enjoy pissing in Bill Gates' Cheerios.
- Neil Wehneman
P.S. Since this topic is on trademarks, it should be noted that Cheerios is a registered trademark of General Mills, and my reference to it is in the non-trademark use of the mark. (Reference [cll.com])
Someone's kicking themselves in the rear... (Score:2)
Of course, as already commented, many more are wishing they could kick Mr. Robertson in the rear since the terms "Windows" is once again available for M$ to claim as a trademark. Sadly, I thought Mr. Robertson and Lindows... errr, I mean Linspire a
You've really gotta hand it to Michael Robertson (Score:3, Insightful)
Not only has he changed his product's name to something non-lame but he also managed to get his biggest competitor to pay him to do it!
Next up... (Score:3, Funny)
$20 mil for a name? (Score:3, Funny)
SUE ME NOW YOU BASTARDS!!!!! (please?)
Re:Rock-Solid Business Plan (Score:3, Funny)
Profit occures before step '3) ???'.
PS:
Re:Rock-Solid Business Plan (Score:2)
Re:Rock-Solid Business Plan (Score:2)
Uh... Step three is "Don't blow all the money you made in step 2."
As long as you don't spend it in the same Quarter, step 4 is... step 2.
Re:Is it just me? (Score:3, Informative)
Re:Bom para ambas as companias (Score:2)
As for FreeDows it shouldn't be an issue... while making a play with sounds is enough for infrigements (see the "mikerowsoft" thing a year ago... in a more domestic vein here in Lisbon a bar tried to spull something similar by choosing the name "Ar de Roque", and were promptly sued by Hard Rock Café) I thing that DOS itself can be used because there is ample prior art (Disk Oper