LINDOWS 2: MICROSOFT 0

The Lindows saga rolls on as the Register reports that Microsoft has been refused permission in America to appeal against an unfavourable decision. Therefore, the case will proceed to the district court in Seattle in the second half of this year. The most recent appeal confirms the lower court’s decision that, in deciding whether WINDOWS is generic, the court should look at the perceptions of consumers in 1985, when Microsoft Windows first became available to consumers, rather what it meant to consumers today. Lindows has stopped using the name Lindows during the trial but the case continues nonetheless.



The IPKat is rather surprised by this approach. Whatever the situation was in 1985, today consumers expect WINDOWS to be connected to Microsoft and they may well suffer deception if this present connection is not recognised and protected.



More threatened windows here, here and here