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Ruling Clears Way For Lindows Trial 385

shystershep writes "Various sources are reporting that Microsoft's appeal in the Lindows trademark infringement suit was rejected by the Ninth Circuit Court of Appeals. At issue was the trial judge's decision [PDF link] to 'instruct a jury to consider only whether 'windows' was a generic term before November 1985, when the first version of Microsoft's Windows was released.' This is significant because a generic mark receives no trademark protection, and the ruling that the jury must make that determination based only on the use of the term before 1985 is a major blow to Microsoft."
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Ruling Clears Way For Lindows Trial

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  • What it all means (Score:5, Informative)

    by shystershep ( 643874 ) * <bdshepherd@gmai[ ]om ['l.c' in gap]> on Monday May 24, 2004 @03:16PM (#9240414) Homepage Journal
    From the trial judge's ruling:

    the Court declares it will instruct the jury to consider whether the Windows mark was generic during the period before Microsoft Windows 1.0 entered the marketplace in November 1985. Furthermore, the Court will not instruct the jury that even if Windows were generic prior to November 1985, the trademark would nonetheless be valid today so long as the primary significance of the term today is not generic.

    This doesn't mean that the judge has ruled that "windows" is generic, but it does mean that Lindows can (try to)point out to the jury that "windows" was used generically before Microsoft started using it. If it is generic, Microsoft loses their trademark protection in that name (althought "Microsoft Windows" would probably still be valid). Now it's all about the status of that term in the computer industry, including the commercial side of it, prior to 1985.
    • Re:What it all means (Score:5, Interesting)

      by jdray ( 645332 ) on Monday May 24, 2004 @03:20PM (#9240444) Homepage Journal
      When did the term "X-Windows" come into play? It seems to me that therein lies the root of a good legal standing on the subject.
      • Maybe Xerox before that ? Not sure how they called their GUI system.
        • Re:What it all means (Score:5, Informative)

          by Anonymous Coward on Monday May 24, 2004 @03:39PM (#9240644)
          Apple used the term "Windows" on their Lisa in 1983. Xerox used it on the Xerox Star [wikipedia.org] in 1981 and on the Xerox Altos [wikipedia.org] in the late '70s. I believe it dates even earlier.
      • I'm not sure that is applicable or relevant being that it's really the X Window System not X-Windows. X-Windows is what a lot of people refer to it though it is incorrect. That could maybe be used to show dilution of the trademark, but not being a lawyer I'm really not sure.
      • Re:What it all means (Score:4, Informative)

        by ShadeARG ( 306487 ) on Monday May 24, 2004 @03:58PM (#9240828)
        Before X [wikipedia.org], there was W [wikipedia.org], which stands for Windows.
      • Re:What it all means (Score:3, Informative)

        by ianezz ( 31449 )
        When did the term "X-Windows" come into play?

        As has been said one million times...

        The X Consortium requests that the following names be used
        when referring to this software:

        X
        X Window System
        X Version 11
        X Window System, Version 11
        X11

        IIRC, X dates back to mid '87 (perhaps earlier, but not that much)

      • Re:What it all means (Score:3, Interesting)

        by Speare ( 84249 )

        Anyone have a Borland Sidekick 1.0 manual? They may have used the word 'windows' to refer to their pop-up panels, especially the scrollable parts for the editors.

      • Re:What it all means (Score:5, Informative)

        by mcc ( 14761 ) <amcclure@purdue.edu> on Monday May 24, 2004 @04:47PM (#9241503) Homepage
        So I was looking through this old stack of technical books last week, and I came across a fascinating little book called "Methodology of Window Management" or some such. What it basically was was the minutes of a symposium in the UK collecting international academics to discuss the subject of window management systems for UNIX. They discussed existing systems, and how they might be improved upon in future systems. This predates X, and in fact the only UNIX system they even described in the book I had heard of was Andrew (although there was one chapter in which a young man named James Gosling gave a presentation on his project, something called SunDew which as far as I could tell was a predecessor to NeWS.

        Anyone who read this book would find it immediately obvious that all of these people considered "window" an absolutely generic term, and MS-Windows featured on the periphery of their knowlege, if at all. In fact MS-Windows was only even mentioned twice in the book that I saw. One was in a sentence like "as compared to non-UNIX GUI systems, such as Macintosh or MS-Windows..".

        The other was a particularly damning to MS's case little chapter called "10 years of window systems", which was a transcript of a talk given describing something like 8 different window systems developed in the previous 10 years and tracking their evolution, starting with the early smalltalk-based systems at PARC. MS-Windows was mentioned only in passing when a tiling-based window manager was used, prompting the presenter to say "this system is basically the exact same one used by MS Windows".

        Reading this book it could not help but be excruciatingly obvious that everyone involved in this book considered "window" an absolutely generic term, "window system" the generic term for the thing they were describing, and that Microsoft had absolutely nothing to do with this. And this was not just some peripheral geeky thing like Linux to some extent is today. This was before the PC truly caught hold. The persons represented in this book were the people responsible for the heavy lifting in the computer industry at the time, both on the academic side of things and in terms of corporate representatives of the UNIX systems discussed.

        This book was from 1986 but I'm certain finding something similar from 1984 would be effortless.
    • by Bingo Foo ( 179380 ) on Monday May 24, 2004 @03:34PM (#9240584)
      The problem was in choosing an obviously generic word in the first place. They would have been wiser to choose something unique, but recognizable. For instance, when I trademarked the name "Halitosilicious®" I wanted to make sure my subsequent infringement case against my coworkers would hold up.

    • by nine-times ( 778537 ) <nine.times@gmail.com> on Monday May 24, 2004 @03:39PM (#9240640) Homepage

      I just want to clarify what you said. According to what you quoted, the ruling didn't merely allow Lindows to argue that "windows" was a generic term prior to the release of MS Windows 1.0. The ruling is against a Microsoft argument that, even if "windows" had been a generic term prior to 1985, it has become an MS term.

      The ruling says that what the jury will consider is only whether the term "windows" was generic in 1985, before Microsoft Windows 1.0, and if the jury finds that it was, then Lindows wins.

      I think this is good news, because I believe Lindows has already produced evidence that Apple and Xerox had been using the term.

      • That's right. The ruling determined "the relevant and proper time at which to measure whether the Windows trademark is generic." The court said prior to 1985 is that time. Which means that what has happened with the "windows" name since doesn't matter.
  • by FireChipmunk ( 447917 ) <{moc.etile-ecrof} {ta} {pihc}> on Monday May 24, 2004 @03:17PM (#9240419) Homepage
    http://www.microsoft.com/mspress/uk/default.htm [microsoft.com]

    Says "Owned by OutLaw Group"....

    Anyone want to get a mirror up before microsoft fixes it :) ?
  • for the judge to make this ruling? Wasn't this the crux of Lindows defense something like 6-8 months ago? (time passes funny for me lately, so it just seems like years have passed already...)
    • by lothar97 ( 768215 ) *
      things in court can take really long, especially with current budget cutbacks in the US. if it's really important, like someone on death row, the case will move quickly. something like this, which involves volumes of case materials, can proceed quite slowly.

      that said, i'm rubbing my hands waiting for the downfall of micro$oft to happen at trial...

    • by One Louder ( 595430 ) on Monday May 24, 2004 @03:38PM (#9240637)
      The issue was over jury instructions - there were two basic issues in the trial judge's ruling that Microsoft didn't like:

      1) Once a term is determined to be generic within the category, it cannot be made ungeneric
      2) The jury should consider the genericness of the term "windows" in the field of computers *prior* to Microsoft's usage.

      Microsoft asked the judge for permission to appeal this ruling now instead of after the trial is over (an "interlocutory appeal"), and it went to the 9th Circuit. According to the press release, last week the 9th Circuit rejected Microsoft's appeal, apparently without even hearing oral arguments from either side. This response was actually quite fast - if they had allowed the appeal, the case could have dragged on for another two or three years.

      At this point, the trial judge's ruling stands, and Microsoft's burden is now very high - they must show that "windows" was *not* a generic term prior to 1985 *and* that consumers are likely to be confused by the "Lindows" brand.

  • Explanation, Mirror (Score:2, Informative)

    by karmatic ( 776420 )
    This mainly says who has jurisdiction in the case, with the judge not ruling on the actual issue of whether "Windows" is generic or not. That will be left up to another court.

    I don't know how well linspire can handle this, so Here's a mirror [t28.net].
  • Who to root for? (Score:3, Insightful)

    by Plaeroma ( 778381 ) <plaeroma AT gmail DOT com> on Monday May 24, 2004 @03:19PM (#9240432) Journal
    MS isn't my favorite company but I also detest it when people try to play off of someone else's popularity. A perplexing conundrum: I'm not sure who to root for this time.
    • by AtariAmarok ( 451306 ) on Monday May 24, 2004 @03:22PM (#9240472)
      I agree. The Lindows guys surely chose this name to ride on MS' coattails (or borg tendrils if you prefer). The "Elmer Fudd" principle should not be forgotten: if the disputed name is pronounced the same way as the plaintiff's name if you are Elmer Fudd, you really blew it.
      • The Lindows guys surely chose this name to ride on MS' coattails

        As did Microsoft. MS stole a word from the commons and benefitted from this. You benefit in the beginning as your product is selfdescriptive, later on you pay a price since you can't protect it.

        Take your oick and live with it. MS did but refuses to live with their decision. They deserves to lose and they will lose. If Lindows for some obscure reasons looses they will win an appeal and the case will be remanded. Windows as a MS tradem

        • You have good points. MS deserves to lose on controlling the Windows word, but I wish it was not from "Lindows", which basically has tried to immitate/copy MS Windows and cash in with a sound-alike name.
    • "I'm not sure who to root for this time"

      I know what you mean. After thinking about it for a while, I decided that I have to side with Microsoft here. It's true that they used a common word as their name, but Lindows was just riding the success of Windows. It was stupid for Lindows to use that name in the first place...like forming your company and calling it "Microsopht" - you're gonna get blasted and you won't win.

      I have no problem with people using common words as their trademark names, as long as the
      • by Thanatopsis ( 29786 ) <despain.brian@ g m a il.com> on Monday May 24, 2004 @03:37PM (#9240626) Homepage
        "I have no problem with people using common words as their trademark names, as long as the trademarks are only defended within that industry."

        Except that is the EXACT opposite of a trademark. Generic terms are ones that cannot be trademarked. The simple fact is that MS's trademark for Windows was denied three times before they managed to appeal it. Windows should have never been a trademark. No one really care about you legal opnion, clearly you have zero understanding of trademark law.
      • Re:Who to root for? (Score:5, Interesting)

        by saddino ( 183491 ) on Monday May 24, 2004 @04:01PM (#9240853)
        It was stupid for Lindows to use that name in the first place...like forming your company and calling it "Microsopht" - you're gonna get blasted and you won't win.

        Anyone who thinks they name their product Lindows to "ride on the success" of Windows is missing the point.

        It wasn't stupid"for Lindows" to do this...it was slyly calculated. They knew exactly what they were doing: by naming their product "Lindows" they were going to force Microsoft to defend its trademark -- a case they thought they could win.

        If they had followed your example ("Microsopht") then that indeed would have been stupid, because that's an easy case of infringement.

        Their product naming strategy was simply bait to force a court to re-evaluate Microsoft's tenuous trademark. Microsoft knows this full well, which is why they wanted the case thrown out.
    • by Ungrounded Lightning ( 62228 ) on Monday May 24, 2004 @04:00PM (#9240847) Journal
      MS isn't my favorite company but I also detest it when people try to play off of someone else's popularity. A perplexing conundrum: I'm not sure who to root for this time.

      I've got no problem picking Lindows on this one.

      The Lindows distribution is apparently intended to be an open-source workalike of Windows, convenient for former Windows users trying to switch to Linux. The mark they chose clearly says to me that it's NOT windows but it's LIKE it (and has something to do with Linux). "Brand 'L'" Try it and it MAY work well enough for you or it may not. No confusion whatsoever.

      However this case will probably be decided on another basis: Whether Microsoft is attempting to privatize a generic mark. And IMHO "Windows" as applied to software windowing interface systems was already in use well before they coined "Microsoft Windows" and then dropped the "Microsoft". If the jury agrees with this, "Windows" becomes a generic once again and coinages like "Lindows" are fair game.

      If you're trying to say you have a Linux based Windows system (bearing in mind that "Windows" is NOT a trademark) that is NOT Microsoft Windows but IS a member of the same category and a convenient alternative to the Microsoft product, what ELSE could you mark it to encapsulate that message?
  • by AtariAmarok ( 451306 ) on Monday May 24, 2004 @03:19PM (#9240435)
    Why is this even an issue anymore? Isn't Lindows further killing itself in other non-lawsuit-involved ways by now using the atrocious name "Linspire"? How can Microsoft still claim damages?
    • More to the point, they changed their name because they lost some trademark suits outside the USA.

      If Microsoft's trademark on "Windows" is invalidated in the USA, will that affect their trademark elsewhere? Is this all based upon an international "we'll honor yours if you honor ours" system? In other words, is their "Windows" trademark in, say, the EU simply based upon their USA trademark, and will it then be invalid in the EU if it's ruled invalid in the USA?

      Wouldn't that be ironic, if they lost the "Windo

    • They can still claim damages for past use of the trademark. In fact they can claim damages, any profits made under the Lindows name, and legal costs. Given the potentially immense value of the Windows trademark, damages due to dilution, confusion in the market, or tarnishment (etc), could amount to a very big pile of money.
  • 2 Words (Score:3, Insightful)

    by bjackson ( 576750 ) on Monday May 24, 2004 @03:20PM (#9240440)
    X Windows
    • Re:2 Words (Score:3, Informative)

      by Anonymous Coward
      It's not called "X Windows", it's the X Window system. "X Windows" is just slang for what people call the X Window system.
      • Also, it's a "GNU/Linux Distribution", but everybody just calls it "Linux", much to the dismay of RMS.
      • Re:2 Words (Score:2, Insightful)

        by Troed ( 102527 )
        It IS called X Windows. That's what I've always heard people refer to it as.

        It doesn't matter that the trademark and official name is something else in this context.

    • Is Irrelevant

      "X Window System" is trademarked by The Open Group. "Windows" is not.
      • Re:2 More Words (Score:2, Insightful)

        by bjackson ( 576750 )
        The question though isn't about trademarks - it is whether pre 1985 the term "Windows" was able to be linked to Microsoft in most people's minds. There were (are) prior systems in place which make this highly improbale - such as X windows. I was trying to get accross too much information in too few words ;)
  • by Anonymous Coward
    Do I need to say more?
  • by Otter ( 3800 ) on Monday May 24, 2004 @03:20PM (#9240450) Journal
    Hasn't Lindows already changed their name to Altria or Claritin or something like that? Or was that Gator?
  • Ghosts of Pentium? (Score:5, Insightful)

    by Dark Paladin ( 116525 ) * <jhummel.johnhummel@net> on Monday May 24, 2004 @03:21PM (#9240458) Homepage
    Correct me if I'm wrong, but Intel went through something like this when AMD and Cyrix had "486 compatible" on their labels, and Intel went to court. Judge ruled: 486 too generic, which moved Intel to start naming their processors to Pentium and the like and trade mark it so somebody couldn't claim "Pentium compatible!" without getting into trouble.

    Microsoft might be facing this themselves now. Let's face it - before 1984, the computer term "windows" existed. Everybody with a GUI called their interface a "window" and a collection of them was a set of "windows". MS might very well lose the case.

    Short run: they call future OS's by their names and actually release "MS Longhorn 2003", much like Apple has "OS 10.3 Panther". Lindows will be able to sell their product (in the US at least) under the Lindows name.

    Long run: More lawsuits between MS at Lindows anyway. Like I'm so surprised.
  • by crow ( 16139 )
    So what systems used the term "windows" in a generic sense refering to a computer graphical user interface prior to 1985?

    The first release of X was in 1984. Macintosh was also released in 1984. It shouldn't be too hard to document that the term "windows" was used generically in those systems prior to 1985.

    Other examples?
    • The Apple Lisa had a GUI in 1983. And of course Xerox had the mouse and a GUI system several years before at the PARC labs. I "worked" on a Xerox printing system that had a windows type GUI running over CPM. Definately pre-microsoft. Microsoft is the worlds best "copy-cat" as most of what they do is copy other peoples ideas.
    • Apple's LISA was released in 1983. It had windows.
    • Commodore Amiga, available for purchase in July 1985. There was also GEOS for the C64, but I don't know if it predated November 1985 or not.
    • GeOS on the C64/C128 in 1984/1985 had windows and refered to them as such.

      Commodore was showing the Amiga 1000 at that time with its Workbench desktop featuring windows.

      GEM was out, I believe

      Xerox certainly had the Alto available long before '84/'85

      I'm not sure if the ST was available, but I know it was being talked about in '84 (see GEM above)

  • by Anonymous Coward
    "office for windows"? WTF, windows don't have offices, it's the other way around. Buildings have offices, and offices have windows.
  • We had a mac in 1984, and we definitely called the windows windows. Nothing about the Microsoft version is their property, except for the code they stole^H^H^H^H^Hbought from other people.
  • by StacyWebb ( 780561 ) on Monday May 24, 2004 @03:28PM (#9240532) Homepage
    This is their Definition of "windows" Computer Science. A rectangular area on the screen that displays its own file or message independently of the other areas of the screen.
  • by Anonymous Coward
    ... the ruling that the jury must must make that determination...

    "must must make"? Is that like double-plus make? Is this an excerpt from a Dr. Suess book?

  • Great! (Score:5, Insightful)

    by RelliK ( 4466 ) on Monday May 24, 2004 @03:37PM (#9240611)
    Now I wish they'd get smacked for "SQL Server", "Proxy Server", etc.
  • by dpbsmith ( 263124 ) on Monday May 24, 2004 @03:37PM (#9240619) Homepage
    Seems to me that speaks for itself. If, in 1985, Microsoft thought "Windows" wasn't generic, why did they think they had to qualify it by tacking their corporate name in front?

    You don't hear other companies calling their products "the General Motors Cadillac" or "Schering-Plough Claritin" or the "Sanford Sharpie" or "Procter and Gamble Mr. Clean."

    Anyone product manager would want their product name to be short and punchy. Nobody would tack the company name on unless the company's own legal department had opined that the name is generic, or close to generic, or in danger of becoming generic.

    • by dabraun ( 626287 ) on Monday May 24, 2004 @03:49PM (#9240750)
      Bull.

      You do hear about the 'Dodge Caravan', the 'Gilette Sensor', the 'Nikon CoolPix' - in fact the company name is often prepended when it would not otherwise be all that clear what the product was. What's a 'Sensor' if it's not from Gilette? Would a 'CoolPix' sound like anything more than a disposable camera if it wasn't called the 'Nikon CoolPix'?

      There are plenty of examples of company names being used or not used. In 1985 calling a product just plain 'Windows' might leave you thinking that it was a something used when building houses.

      David
    • Microsoft initially trademarked the combination "Microsoft Windows" - it wasn't until the 1990s that they succeeded in trademarking the individual term "Windows". By that time, they'd already dominated the market and either bought out or threatened anyone significant using the term "windows" in their product name based on alleged confusion with the combination trademark.
  • by msim ( 220489 ) on Monday May 24, 2004 @03:39PM (#9240647) Homepage Journal
    I'm sure Xerox [uc.edu] PARC [techtv.com] pre-dates all of this by a couple of years.
  • by Anonymous Coward on Monday May 24, 2004 @03:46PM (#9240718)
    With the current jury instructions (use time period before MS' products to determine genericness) Microsoft *IS* going to lose their trademark if this goes to trial.

    This will be a great show to watch.
    I predict huge press. The ironic twist is that Microsoft brought this upon themselves! By suing Lindows, 'er Linspire - they brought into question their own trademark. Now that grenade is going to blow up in their face.

    I hope they do not pay some money to settle since that's what they've been doing recently. Because it will be great to watch Gates try to deny all the windowing systems they ripped off when they greated their product.

    Anyone also notice that Lindows doesn't care if they lose? This is playing out perfectly for them. They get a ton of press regardless and if they win they'll be in the history books. Or Microsoft will be for being so dumb to get their OWN trademark invalidated.

    It's nice to see the little guy win one.

    Lindows - DON'T SETTLE! We're counting on you.
    • Michael Robertson is a milionaire, his favorite pastime is to put a burr in Microsofts fanny.

      I think is more of a hoby and about fun than it is about Money. Somehow, I don't see Michael "setteling out of court" if the case is going their way.

  • Lets not forget (Score:3, Insightful)

    by kpogoda ( 580939 ) on Monday May 24, 2004 @03:56PM (#9240809)
    This reminds me of good old Mike Rowe.
  • by mark_space2001 ( 570644 ) on Monday May 24, 2004 @04:02PM (#9240865)
    Surely windows is/was a generic term. I think X-windows should be prior art enough as the name of a software package that did much the same as MS's product. And the term "windows" was in use generically in the computer community before that.

    I think though that "Lindows" is just a bit too close to the common practice of refering to MS Windows as just "Windows". They should name their product Linspire Windows or something similar. Which they may be already planning to do.

  • by Anonymous Coward on Monday May 24, 2004 @04:06PM (#9240882)
    There is a huge pile of evidence to show that the term windows was very much generic at the time MS pick it, THAT IS WHY THEY PICKED IT. They didn't pick it because they were trying to create some new brand (ala Nike, Sony, eBay, etc.), but rather, they chose the word windows because that had become the term to define an entire category of window manager type programs.

    With this latest ruling, which is now appeal proof, Lindows has the wooden stake to drive through MS' heart.

    This will be a fun trial to watch. Robertson, Gates and Ballmer are all scheduled to testify.

  • Well duh (Score:4, Insightful)

    by t_allardyce ( 48447 ) on Monday May 24, 2004 @04:08PM (#9240923) Journal
    Well obviously it was generic before 1985! what else could it mean? nowdays its totally microsoft - eg. "im in windows, i use windows, do you have windows? does it have windows? can you use windows? my windows wont work! my windows is broken" almost always mean microsoft windows. But if you go back to 1985 and say that they shouldnt have been granted trademark in the first place then that changes the field (although windows-xp might count)

    Tip: avoid naming your product after things that often break.
  • by hchaos ( 683337 ) on Monday May 24, 2004 @04:23PM (#9241162)
    Under different circumstances, this could have worked really well for Microsoft. Specifically, had "windows" not been a generic computer interface term in 1985, this ruling would have been disasterous for Lindows (and all non-Microsoft GUI makers who use the term "window"). This ruling basically stated that the jury could not have considered any trademark damage caused by the "genericizing" of the term since MS Windows was first released. This ruling was as pro-Microsoft as logically possible within the framework of Trademark law. (yeah, I know, law and logic just don't mix).
  • This is big... (Score:5, Insightful)

    by Anita Coney ( 648748 ) on Monday May 24, 2004 @04:33PM (#9241322) Homepage
    Microsoft will either be forced to pay Lindows a LOT of money to settle this or to lose their trademark at trial. My prediction: Microsoft will not settle and is willing to lose at trial.

    Let's face it, even if they settle with Lindows, every one else will know that the Windows trademark is toast. So by settling Microsoft would only be setting itself up for more lawsuits and more payouts.

    In fact, I predict that Microsoft will attempt use their loss of the Windows trademark to their advantage. They'll give Longhorn an entirely new name because they'll claim it's an entirely new OS.

  • by Anonymous Coward on Monday May 24, 2004 @04:36PM (#9241363)
    At the end of the day the court will rule that Microsoft has exclusive rights to the use of the "Windows" trademark provided Microsoft provides each Lindows user with a $5 discount coupon good on his next purchase of an MS product.
  • by stox ( 131684 ) on Monday May 24, 2004 @04:40PM (#9241408) Homepage
    was Stanford's W project. I'll give you all one guess what the W stood for.
  • No worse... (Score:3, Insightful)

    by dbcad7 ( 771464 ) on Monday May 24, 2004 @04:46PM (#9241480)
    Using "dows" in trying to make someone think of the relationship to Windows in Lindows, Is no worse than..
    Using "ux" in trying to make someone think about the relationship of Unix to Linux

    I see nothing wrong with either... I also see no complaints when someone writes an application with "win" in the name, or "98" ir "2000" or "xp".. etc..

    regards

    dbcad7

  • Exhibit Number One (Score:5, Informative)

    by Cy Guy ( 56083 ) * on Monday May 24, 2004 @04:55PM (#9241601) Homepage Journal
    Courtesy the GOOGLE USENET archive [google.com] which gives 120 hits (103 unique) searching on "user interface" and "windows" prior to November 1985.

    There is one I found curious though. If you change the search to "user interface" and "Microsoft windows" [google.com] you get a single hit from Nov 16, 1983 about a spreadsheet program. Had MS been using that name for a precurser to Excel on Macintosh?

    And personally, If I were going to to subpeona any documents, I would wan't to see the presentation slides used for this conference [google.com] where "Leo Nicora [sic *], Product Marketing Mgr, Microsoft Windows" was to give a talk on "window architectures". If a MS employee was documented using the term generically in march of 1984 it would pretty much be a slam dunk for Lindows.

    Another strong piece of evidence is a few references to "Sun Windows" which may have been a development environment, or maybe it was just references to their window management implementation and isn't meant to be a brand.

    * Nikora [google.com]

  • by Anonymous Coward on Monday May 24, 2004 @05:26PM (#9241893)
    Microsoft asked for permission to appeal in the middle of the case, before a trial even took place. The court of appeals refused to hear the appeal at this time [linspire.com]. In essence, the appeals court put it off until later.

    What this means is that there can be a trial, that the trial will consider only pre-1985 evidence on genericness, and that Microsoft can appeal the result afterwards. This case is far from over.
  • hrmmm (Score:3, Funny)

    by ShadowRage ( 678728 ) on Monday May 24, 2004 @08:28PM (#9243236) Homepage Journal
    My grandmother has called those clear things on the walls that let you look outside windows for years, and many generations before her have..

    now because of some fairly recent upstart compared to the time the term has been used, now has exclusive rights to call that their name and property?
    It's like McDonalds Suing the McDonald Clan for use of "their" name. (which I think actually happened)

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