Microsoft fails to crack Lindows

Linux developer Lindows.com has won what it claims is a key ruling in its legal dispute with Microsoft over the Windows trademark.

The US District Court in Seattle rejected Microsoft's arguments that the jury should consider the meaning of the term "windows" in its current day usage.

The case began in December 2001, when Microsoft filed a trademark action against Lindows.com and asked the court to block Lindows.com from using its company name and its product name, LindowsOS.

The court ruled that the jury should focus on the timeframe prior to the release of Microsoft's Windows products - 1983-1985 - when considering usage of the word "windows", and stated that once a word is declared generic it continues to be generic.

The presiding judge told Microsoft that: "No amount of marketing around a generic word changes the generic state of the word."

The decision means that the full trial that had been scheduled for March will not now go ahead. Microsoft will instead appeal the court's ruling.

This means Lindows.com will be able to keep its name indefinitely or until the final decision in the case is made.

Lindows.com's lawyer, Daniel Harris, said in a statement: "The rulings are a major victory for Lindows.com.

"These repeated filings by Microsoft are just another attempt to deplete our resources by dragging these legal proceedings on for as long as possible.

"We are looking forward to our day in court, when the mountains of evidence we have collected will be displayed to the jury."