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Microsoft Brings Its Battle with Lindows to Canada
Microsoft recently filed a statement of claim with the Federal Court of Canada claiming that Lindows.com, Inc. and its Canadian distributor have infringed the Windows trade-mark through the use of the Lindows, Lindows.com and Lindows OS trade-marks and trade-names in Canada. Lindows sells a version of the open-source Linux operating system under the Lindows brand name with an interface that is similar to Microsoft's Windows.
The suit in Canada is the latest round in an international trade-mark battle between Microsoft and Lindows. So far the score is one for Microsoft and one for Lindows. Following a court injunction granted in favour of Microsoft in Belgium, the Netherlands, Luxemburg and Sweden, Lindows was forced to re-market its OS under the name "Lin---s.com". However, Lindows has won the first round in the U.S. trade-mark case where the judge denied Microsoft's request for an injunction and has ruled that a jury must consider whether the use of the term "windows" was generic at the time Microsoft's trade-mark was granted.
For further information, visit:
http://news.com.com/2100-7344_3-5162236.html
http://www.gigalaw.com/newsarchives/2004_02_17_index2.html#107707564024983488