Judge opens door for trial on 'Windows' trademark
SeattlePI | at | by Mike
A federal judge on Wednesday denied Linux operating-system maker Lindows.com a quick victory in its attempt to invalidate Microsoft Corp.'s "Windows" trademark. Chief U.S. District Judge John Coughenour said evidence supplied by San Diego-based Lindows.com -- on whether the term "Windows" is too generic to be protected by trademark law -- wasn't strong enough to justify the company's motion for summary judgment.
It was offset, the judge said, by evidence offered by Microsoft pointing to the opposite conclusion. Instead, the issue will have to go before a jury, which will weigh the evidence. That trial is scheduled to begin April 7, Lindows.com lead attorney Daniel Harris said.