Microsoft Ordered to Pay Lindows 944 Euros Amsterdam District Court Ruled in Favor of Lindows on All Counts
June 02 2004 - 7:30AM
PR Newswire (US)
Microsoft Ordered to Pay Lindows 944 Euros Amsterdam District Court
Ruled in Favor of Lindows on All Counts SAN DIEGO, June 2
/PRNewswire/ -- The Amsterdam District Court ruled on May 27, 2004
in favor of Lindows, Inc. on all counts in Microsoft's second
attempt for a preliminary injunction on trademark infringement and
has ordered Microsoft to pay Lindows 944 Euros. The court agreed
with Lindows that not every use of the trade name Lindows infringes
on the trademark "windows." Visit
http://www.linspire.com/microsoftfine for a copy of the ruling in
English. "This victory is quite a turnaround because Microsoft had
asked for a daily fine of 100,000 euros to be levied against us and
instead they are the ones required to pay," said Michael Robertson,
chief executive officer of Lindows, Inc. "We hope Microsoft can
move past these legal tactics and learn to compete in the
marketplace rather than the courtroom." According to the ruling
Lindows has complied with the use of the trade name and can
continue to use the name Lindows on a limited basis, accompanied at
all times with the additional phrase that Lindows is not affiliated
with "windows" in any way. Since the trade name Lindows is still
legal outside the Benelux and the use of the name does not justify
a competitive advantage, the court concluded that the use does not
contravene the prior judgement nor the settlement agreement. The
court could not require nor was it obligated to have Lindows adapt
its trade name outside the Benelux, ruling there was no infringing
use of the trade name, and therefore denying Microsoft's claim and
ordering the company to pay Lindows 944 Euros. This ruling permits
Lindows to resume sales in the Benelux countries. Beginning
immediately residents of Belgium, the Netherlands, and Luxembourg
can order Linspire products for either digital or postal delivery
at http://www.linspire.com/order. Sales through resellers are
planned to resume in late June. To re-energize desktop Linux in
Benelux, Lindows is making its latest version of Linspire available
for free via BitTorrent for a limited time using the coupon code
free4benelux. For complete instructions on receiving this special
offer, please visit http://www.linspire.com/p2p-pr. In 2003,
Microsoft took its lawsuit overseas regarding MS Windows trademark
infringement while the same issues were being heard in United
States courts. In response to Microsoft's lawsuits worldwide and to
continue operating overseas, Lindows changed its product name and
website address in April 2004 to Linspire. Microsoft then filed a
second request for a preliminary injunction in Amsterdam stating
that Lindows was continuing to infringe on their trademark based on
small print use of the trade name. Currently no products are being
sold under the Lindows or Linspire name into the Netherlands and
the term "Lindows" is not used on the website except as required
for corporate and copyright identification purposes. Linspire is an
affordable, full-featured computer operating system that delivers
the power, security, stability and value of Linux with an easy and
intuitive design. Meeting the needs of all skill levels, Linspire
can be installed in less than 10 minutes or comes pre-installed on
a wide-range of desktop and laptop computers. Linspire is currently
being distributed to over 350 OEMs worldwide and continues to
identify new channel partners and strategies to drive sales in
emerging markets. To learn more about the Linspire builder program,
visit http://www.linspire.com/builders. For further information
please contact Ellie Sanchez of Lindows, Inc., +1-858-587-6700 ext.
263, . About Linspire Linspire is an affordable Linux-based
operating system, designed specifically for desktop and laptop
computers in homes, schools and businesses. Linspire uses
proprietary CNR technology that allows the installation, updating
and management of hundreds of software programs usually with just
one click. The Linspire operating system is also offered in Spanish
http://www.linspire.com/espanol and Japanese
http://www.linspire.com/livedoor. Those who are interested in
becoming authorized resellers of Linspire should visit,
http://www.linspire.com/reseller, or
http://www.linspire.com/builder if interested in selling computers
pre-loaded with Linspire. We are located at 9333 Genesee Ave., 3rd
floor, San Diego, CA, 92121 Linspire is a trademark. Copyright (C)
2004. All rights reserved DATASOURCE: Lindows, Inc. CONTACT: Ellie
Sanchez of Lindows, Inc., +1-858-587-6700 ext. 263, Web site:
http://www.linspire.com/microsoftfine
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