Posted May 13, 2004 18:31 UTC (Thu) by AnswerGuy
Parent article: MS drags Linspire back to court (Register)
I don't know much about trademark law in general and nothing about Dutch trademark law. However, it would seem unreasonable to hold that "a company formerly known as Lindows Inc." with "a product formerly known as Lindows" could not have any reference to these facts in the publications.
So long as they are not using the disputed term in promotion of their products and in a way that is likely to cause confusion in the marketplace et cetera, ad nauseum.
Of course Lindows was an "in your face" affront to Microsoft's MS Windows.
I won't venture an opinion as to whether there was legal merit to Microsoft's persecution of them for that. [The best analogy I can think of is a memory of some little five year old that ran up to me when I was in my twenties and punched me as hard as he could. I was just sitting in front of the library and had never seen this kid before. In that case "as hard as he could" was less then a fly swat and he could only reach about halfway up my thigh. Microsoft seeking a desist order in the U.S. is akin to asking "mom" to keep her kids in line; litigating again in every country is maybe slapping the kid around; litigating AGAIN after the name has been changed is akin to shoving the crying child to the ground and stomping him into oblivion].
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