Lindows.com, a company that is developing a version of the Linux
operating system which will run applications written for
Microsoft's Windows and for Linux operating systems, has asked a
court to dismiss a trade mark lawsuit filed against it by
Microsoft.
Microsoft is seeking to prevent Lindows.com from using the term "LindowsOS" and "Lindows.com". San Diego-based Lindows.com is hoping to get rid of the action on the grounds of jurisdiction – that it has no presence and conducts no business in the state of Washington. Both Lindows.com's motion to dismiss and Microsoft's motion for a preliminary injunction against the company are scheduled for a hearing on February 2002. Even if Lindows.com's motion succeeds, the case is unlikely to end there.
Lindows.com's founder and CEO is Michael Robertson, an individual familiar with intellectual property litigation. Robertson founded MP3.com in 1998 which became a popular target for copyright lawsuits until media attention was diverted by the launch of Napster.
Robertson said this week:
"We're looking forward to showing the court the widespread use of the term 'windows' or variations thereof by literally hundreds of companies which are not endorsed or sponsored by Microsoft. The fact that Microsoft has chosen not to sue these companies demonstrates their true motivation in this case is to crush competition from a promising new technology which threatens their illegally obtained monopoly."
Microsoft argues that LindowsOS would cause confusion to consumers in the marketplace. The company has demanded that Lindows.com turn over its entire database of names, e-mail addresses and physical addresses for parties interested in the yet-to-be-sold operating system.
Robertson continued:
"We're not happy that a company known for illegal business practices took the unnecessary step of gaining access to our database. In spite of their assurances it will not be used for any purpose outside this case, we've alerted our users of Microsoft's actions and believe this is another way Microsoft is attempting to intimidate a potential competitor."
