SAN DIEGO, April 2, 2002 (PRIMEZONE) -- Microsoft Corporation (Nasdaq:MSFT) asked a Seattle Court to reconsider a strongly-worded ruling upholding Lindows.com's use of the terms "Lindows.com" and "LindowsOS."
The court's favorable ruling, issued on March 15, 2002, cites that "Microsoft has raised serious questions about the validity of its (Windows) trademark." The suit, filed by Microsoft in December of 2001, sought to stop Lindows.com, a 30-person company that offers a Linux-based operating system, which runs popular Windows-based programs, from branding itself as Lindows.com. The March 15, 2002 ruling can be read, in its entirety, at www.lindows.com/opposition.
The Microsoft Corporation asked the court, in a 19-page document, to reconsider the ruling stating that the court reached "an incorrect result." Microsoft's motion for reconsideration can be read at www.lindows.com/opposition.
Judge John C. Coughenour found in the preliminary injunction ruling that Microsoft had not shown that Lindows.com should be prevented from using the names Lindows.com and LindowsOS as part of their business, stating that, "The Court finds that Lindows.com has met its burden of proof in rebutting the validity of the Windows trademark."
"Lindows.com supporters submitted thousands of references to windows spanning the last 20 years," said Michael Robertson, Chief Executive Officer of Lindows.com. "They helped build a strong foundation which the Judge relied on in his initial ruling. Microsoft's hundreds of attorneys and billions of dollars can't rewrite history and the fact that Windows is a generic term."
"Microsoft's actions are attempts to belabor the outcome and drag our company through a lengthy and costly legal battle. We're looking forward to getting this issue in front of a jury and getting resolution in a manner which allows us to put a competitor on the store shelf which will cost a third or less of Microsoft's offerings," Robertson added.
The Judge can deny the reconsideration motion or ask Lindows.com to file a legal brief in response. Microsoft has until April 15 to file an appeal on the Judge's initial ruling. The appeal, if filed, would be heard by the 9th Circuit Court of Appeals.
Lindows.com has released a Sneak Preview of LindowsOS to a select group of Insiders (www.lindows.com\insider). The Sneak Preview is not a fully completed product, but showcases many of the unique features such as a "Friendly-Install" alongside an existing Microsoft Windows operating system, a streamlined installation process which requires minimal computer knowledge, and the ability to run popular Windows-based programs. Version 1.0 will go on sale later this year for one-third of the cost of a comparable Microsoft offering. For more information see www.lindows.com/products.
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About Lindows.com, Inc.
Lindows.com is a consumer company that brings choice to computer users. Lindows.com, Inc. uses the latest technology to create affordable, stable, user-friendly products. Lindows.com, Inc. was started by Michael Robertson, founder and former CEO of MP3.com. At the core of Lindows.com is a new operating system called LindowsOS, a modern, affordable, easy-to-use operating system with the ability to run both Microsoft Windows and Linux(r) software.