OS upstart can continue operating under its current name until April, when the two companies go to trial.
By Tony Kontzer
Lindows.com Inc. posted its latest courtroom win over Microsoft this week. It's the second setback in Microsoft's attempt to prove that the Lindows name infringes on its Windows trademark. A U.S. District Court judge rejected Microsoft's appeal of a decision in March to deny an injunction request that would have prevented Lindows from doing business under its current name. In its ruling on the appeal, the court indicated that Microsoft has itself acknowledged that "windows" can be considered a generic computing term.
"Even Microsoft's own computer dictionary includes expansive definitions of 'windowing environment' and 'windowing software,'" the judge's order read.
Not surprisingly, Microsoft disagreed with the decision and says it will continue preparing for trial in an attempt to preserve the integrity of the Windows brand and prevent......
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