The dispute dates back to December 2001 when Microsoft filed a
trade mark suit in the US seeking to prevent Lindows.com from using
the terms LindowsOS and Lindows.com, arguing that they infringe on
its rights in Windows. The Lindows product is an operating system
that promises the stability and cost savings of Linux with the
usability of a Windows environment.
The case is due to come to trial in the US this month, but
courts in Finland, Sweden and the Benelux countries – the
Netherlands, Belgium and Luxembourg – granted temporary injunctions
against the company in January, prohibiting it from distributing
Lindows software.
Lindows.com's founder and CEO Michael Robertson responded by
announcing that the company would re-launch its software programme
in the Benelux under the name 'Lin---s', pronounced Lin-dash. Links
were added to the main company web site so that Benelux customers
who accessed it could go direct to the new Lin---s site.
Microsoft was not amused, and has since filed papers with a
Dutch court, accusing the open source company of disregarding the
original court order because it had not made the company web site
inaccessible to persons from those countries. Microsoft asked the
court to fine Lindows €100,000 per day.
On Friday, Robertson announced that Lindows products had now
been withdrawn pending an appeal of the original order. He
added:
"We have completely withdrawn our products from these markets
and put notices on every page of our web site, yet Microsoft is
still asking that the Judge fine us €100,000 per day because non-US
visitors can view our US-based web site. Microsoft's actions
demonstrate this has nothing to do with protecting their Dutch
trademark or confusion in the marketplace, but is simply an attempt
to put us out of business."
The case will be heard at the end of this month – after the
hearing of the US dispute, which is due to go to trial in
March.
