Lindows Ordered To Stop Using Lindows Name 922
TheSpoom writes "InfoWorld reports that Lindows, a distribution of Linux and other software designed to emulate Windows, has been ordered to drop their name after Microsoft won a preliminary injunction yesterday from judges in Finland and Sweden."
Well... (Score:4, Insightful)
Re:Well... (Score:4, Funny)
Re:Well... (Score:4, Funny)
Re:Well... (Score:3, Informative)
" Wine is a generic word, Lindows is not."
window is a generic word. windows is the plural of a generic word. what's the difference? should microsoft be able to copyright such a word?
It's a trademark, not a copyright. So far the courts have upheld this mark.
Re:Well... (Score:5, Interesting)
Microsoft's trademark is on the phrase "Microsoft Windows", not on the word "Windows" itself. Microsoft was specifically denied a trademark on the word "Windows" by itself because it is a generic word.
Therefore I can't see how the word "Lindows" infringes on the trademarked phrase "Microsoft Windows". By any common-sense standard, they would have to be using the phrase "Microsoft Lindows" to be infringing.
Re:Well... (Score:3, Funny)
Oh please. If Microsoft released their next server OS as "Winux", you wouldn't be cracking jokes like that.
Re:Winux would infringe another trademark... (Score:4, Funny)
What's that fruit you're eating? Apple! What's that light coming from outside? The Sun! Who's that chick from the Matrix? The Oracle! Who's your date from last weekend? Palm!
Re:Well... (Score:5, Insightful)
Like those arrogant, fundamentalist-endowed leaders in that other country (starts with a U, and it ain't Ukraine) who seem to think they have the right to do exactly this all over the world... and are presently doing it.
This is like some fundamentalist judge in Iran ordering the entire alchool industry in the world to shut down because it is forbidden by the Koran, and actually being taken seriously in areas outside the range of his private army.
Hmmm... like some other puritanical government teetering on the edge of tyranny, bullying sovereign governments all over the world into conducting raids and arresting their own citizens even when their own local laws allow their citizens the exact behavior they are being persecuted for...
The rest of the story: (Score:5, Informative)
In Other News... (Score:5, Funny)
In other news, Ford has recently demanded that Microsoft stop using the name "Explorer", as in Windows Explorer and Internet Explorer. Ford cites the 1990 introduction of the Explorer as evidence that they had the name first.
The many reliability and safety problems with Windows Explorer and Internet Explorer cause confusion among Ford Explorer customers who are themselves accustomed to these traits, a Ford spokesman said Friday.
Re:In Other News... (Score:5, Informative)
In Germany, Microsoft has allegedly licensed the Explorer trademark from a relatively unknown software company. At some time, this software company was rigorously protecting its trademark against those who offered or recommended software such as "FTP Explorer".
Re:In Other News... (Score:4, Insightful)
Work-around (Score:5, Funny)
Licrosoft Windows!
Re:In Other News... (Score:5, Funny)
Re:In Other News... (Score:5, Insightful)
Re:In Other News... (Score:5, Insightful)
Re:In Other News... (Score:4, Informative)
So if the package was called "Licrosoft Windows" or "Microshaft Windows", I think they'd have a case.
But not for "Lindows".
Re:In Other News... (Score:5, Informative)
Re:In Other News... (Score:3, Insightful)
I do see the distinction you, and the law make on this. But on the other hand, I also maintain that a person would have to be either very gullible, or very stupid to have any more likelihood of mistaking the two explorers and windows/lindows.
Gullible or stupid? That's exactly the type of person Lindows is marketing to.
Re:In Other News... (Score:5, Informative)
You may be right, but Lindows is using a tactic in their US court case that may work. May.
They're saying that "Windows" is a generic computing term, especially in GUIs (which it is). You are not supposed to be allowed to trademark generic terms.
If that part works, then Microsoft will lose their trademark on "Windows" by itself. They could still have thier trademark on the phrase "Microsoft Windows", but they would no longer be allowed to have the word "Windows" itself trademarked, like it is now.
They're also going after the fact that Microsoft has failed to try and protect their trademark in the past, and that the only reason they are doing so now is because the Lindows.com "LindowsOS" is a competitor. (Trademark laws state you can and will lose your trademark if it is not actively defended.)
So far, it seems US courts seem to be agreeing with Lindows.com on the issue.
Re:In Other News... (Score:4, Insightful)
Well of course. MS isn't going to sue Pella over the use of "windows" in their product names. "Lindows" is marketed as a replacement for Windows (the product website is peppered with references to Windows), the UI looks like Windows (fairly generic to be sure, but some things came from MS, such as the "Start" button in the lower left hand corner), and certainly when the name "Lindows" was coined it wasn't with the generic "windows" usage in mind.
Lindows is clearly trafficking on the Windows product name and not the generic term - their whole business model is built on replacing Windows. I think the court ruled correctly in this instance.
Language (Score:5, Interesting)
If you're in a country where English is a second or outright foreign language, "Windows" might thus seem to be more like something you could trademark. And "Lindows" might seem to be an obvious attempt to capitalize on the name, as if another car company had released a pickup truck called "Los Caminos."
Re:In Other News... (Score:3, Insightful)
Except, of course, that Microsoft is attempting to trademark a common word. Windows is not trademarkable, while Microsoft Windows is. Is this a new direction of embrace and extend?
Now, be honest. Do you make a xerox copy, or do you use a Xerox (tm) machine to make a photocopy?
Comment removed (Score:4, Insightful)
Re:In Other News... (Score:4, Interesting)
Windows isn't like Xerox; it's like windows. (Score:4, Insightful)
The problem isn't that "Windows" is a generic term used to describe any graphical operating system. The problem is that "windows" is the name of the graphical thingies that comprise any graphical operating system, and has been for longer that Microsoft has been using the term to describe their own operating system which uses windows. It's more than just a generic name for something in computers, it is the name for the very thing which Windows and all other GUI OSs I'm aware of use.
Consider Kleenex -- I use "kleenex" as a generic term for "facial tissue". Now, what if instead of "Kleenex", Kimberly-Clark decided to call their product Facial Tissues(tm)? This is essentially what Microsoft did -- name the product after what it is. Which is fine, until you start telling other people they can't use that term or terms that evoke the same idea anymore.
Of course Lindows is supposed to conjure an association with Windows. It is undoubtedly meant to imply a product that is similar to Windows, which is indeed what Lindows wants to be. However it is highly unlikely that this would actually cause confusion. "What is a Fudge Cram pickup truck? Sounds a lot like 'Dodge Ram'... must be the same thing!"
Here's a somewhat related note on trademarks and common words. There was a box of some generic ginger snaps, and on the box in big letters it said "Made with Real Ginger!" With a tiny little (tm). "Real Ginger" was their trademarked name for whatever it was they put in their "ginger" snaps that was most certainly not ginger. Which is basically being able to shout blatant lies to people, as long as you say "just kidding" in a whispering voice that someone might hear. I can feel my cynicism congealing just thinking about it.
Re:In Other News... (Score:3, Insightful)
have become part of the American lexicon
Near ubiquity has arguably moved Microsoft's products into the popular lexicon more rapidly than the brand names for other products.
Brand protection is important in a competitive marketplace to help distinguish products.
Most computer users think of "Word", "Outlook" and "Explorer" as basic ingredients of their computer. If pressed, they might remember the "MS" prefix that seems to prepend those application names. Many people are only vaguely aware of "Windows",
Re:In Other News... (Score:4, Insightful)
They also own about 9 other active trademarks all on the word Windows relating to other areas.
Re:In Other News... (Score:5, Funny)
Dell? Like "Farmer in the Dell"? Dell is common? Wow.... I guess my slashdot eduMacation wasn't as good as I thought...
Re:In Other News... (Score:4, Funny)
Wasn't Dell the Guy's last name? Could he sue all the other members of his family for trademark infringement? Of course, he parents probably have prior art....
Re:The rest of the story: (Score:3, Informative)
Head to http://www.choicepc.com/ [choicepc.com] and get yourself that t-Shirt you cannot buy at the gap.
Dw
Re:The rest of the story: (Score:5, Interesting)
Sorry, I don't donate money to people with 10's of millions in the bank.
Re:The rest of the story: (Score:3, Insightful)
I don't donate to companies that intentionally waste that donation on frivilous lawsuits. Calling it Lindows was really stupid. They had every expectation they'd be sued for it. And now they're acting like the big evil company is swooping down on them. This isn't about trying to right some wrong, it's about attacking Microsoft. Sorry, but any donations I make are going towards changing the DMCA, not towards some idiot CEO picki
Donate money to help!!! (Score:4, Insightful)
Lindows.com Chief Executive Officer Michael Robertson in a statement issued in response to the Swedish injunction, lashed out against Microsoft's legal pursuit of his company, accusing Microsoft of using lawsuits "as a battering ram to smash Linux."
Anyone who says that the name "Lindows" doesnt violate the trademark of "Windows" is a real hypocrite. If MS came out with a program called Winix, you guys would be going apeshit.
Even funnier is this Robertson idiot making this case out to be some kind of assult on Linux, rather than an attempt to get him to rename product.
Re:Donate money to help!!! (Score:5, Insightful)
The problem with "Windows" as a trademark is that it's a generic term. Microsoft should not have an exclusive rights to the word "Windows". Even in software "Windows" is a generic term used in every graphical operating system. That was the basis of the (so far successful) defense in the US.
Now, if Robertson was trying to sell something named "MSLindows", then I think Microsoft would have a claim that I would understand/defend/support.
Re:Donate money to help!!! (Score:5, Insightful)
But like another poster did a must better job at explaining than me, "Windows" is an especially bad offender considering that the word has a meaning in the computer industry, and that meaning predates MS-Windows. In fact, that has been the basis of Lindows' defense in the US. That defense has been successful so far in the various injunction hearings they've had on the case.
Re:Donate money to help!!! (Score:3, Insightful)
Uh? Hello? Minix, Linux. Let's think about this for just a second.... Hmmm.... Linux was made to be like minix, which coincidentally rhymes. Hmmmm... No, I think I'd be the hypocrite if I got mad at Lindows when I use an OS whose name ryhmes with what it was modeled after.
(Long Live Linux!)
New names for Lindows... (Score:3, Interesting)
Re:New names for Lindows... (Score:5, Funny)
Re:New names for Lindows... (Score:3, Funny)
Re:New names for Lindows... (Score:3, Funny)
Surely "The operating system formerly known as [CENSORED]".
Re:New names for Lindows... (Score:5, Funny)
How about \/\/indows.... (Score:5, Interesting)
+5, Ironic (Score:5, Interesting)
Re:+5, Ironic (Score:4, Insightful)
Doesn't stop them (Score:5, Interesting)
Right?
-Cyc
Re:Doesn't stop them (Score:5, Insightful)
You're looking at it the wrong way round. Which could Microsoft lose more from, being deprived of licences in Europe or deprived of licences in the US?
Current population of the US = 270m-ish. Current population of Europe = 730m. And Europe has a relatively low rate of piracy.
Factor in that the EU has shown (in the Windows Media Player case) that it's quite prepared to crack down hard on MS - in contrast to the US government - and it's no surprise that Microsoft is more concerned about European investments than American ones right now, and doing whatever it can to attack competitors' interests.
No, the sky isn't falling, but if you think that events in Europe can't affect those in America and it can't possibly affect you what Microsoft does over here, I suggest you talk to those people who narrowly avoided having their businesses crushed by a massive trade war over steel tariffs the other week.
Not to sound too nationalistic, but Europe is much bigger than the US - it's just more disorganised, and hamstrung by the French. ;-)
Europe has a relatively low rate of piracy? (Score:5, Funny)
We do? I apologise unreservedly. I'll try harder.
Re:Doesn't stop them (Score:3, Informative)
Talk to Capcom [capcom.co.jp] about this one. They had this sweet, sweet game called, "Biohazard." Unfortunately, there was a rock band by the same name in the U.S.
So, here in the U.S., it was called, "Resident Evil." History was made.
Suggested New Names (Score:3, Funny)
"Lindowz" .... it IS a change!
"Windows"... why not go all the way?
"Bill Gates is a Jerk"
"Unix". No one would ever bother a company over anything to do with Linux
How about-- (Score:3, Informative)
The Lindow Operating System.
First, Microsoft will have a harder time attacking this due to the fact that it is closer to "X Window System" than it is to "Microsoft Windows."
Personally, I think that the WIndows trademark should be nullified simply because there are other, older software packages still in common usage, particularly X who share a very common name. Since trademarks cannot be selectively enforced, this creates a bit of a narrow trademark for Microsoft. IANAL, but
This is a good thing. (Score:3, Insightful)
Re:This is a good thing. (Score:3, Insightful)
Legal or not, the name was indeed choose to be phonetically similar to Windows.
People often confuse similar sounding names, and tend to associate them together. My guess is, any average Windows user, would be much more comfortable with a suggestion such as Lindows, rather than say something like Knoppix.
Re: (Score:3, Interesting)
See, See! It's NOT just stupid Americans! (Score:3, Insightful)
'Nuff said.
Wind... (Score:3, Funny)
Easy (Score:3, Funny)
Wrong impression (Score:5, Insightful)
They should concentrate on marketing their product as a decent OS and not a cheap and inferior copy of windows.
Re:Wrong impression (Score:5, Funny)
They should concentrate on marketing their product as a decent OS and not a cheap and inferior copy of windows.
How did the goals of Michael Robertson's Lindows become the same as those of Linus Torvalds' Linux? As far as I can tell, a "cheap and inferior copy of Windows" is exactly what Lindows wants to be... it's kind of like the Simpsons episode where Homer's looking for a TV at an outlet mall: "I know a genuine Panaphonics when I see it. And look, there's Magnetbox and Sorny."
More FUD from M$ (Score:3, Insightful)
didnt know? (Score:5, Interesting)
a spokesperson for Lindows says that the company was unaware of the suits filed by microsoft in Finland and Sweden. This means Lindows didnt have opportunity to defend themselves. IANAL, and certainly not one overseas, but who's job is it to inform a defendant of a lawsuit? The court? The plaintiff (MS in ths case)? or (remember this isnt the US) does MS simply have to make their argument for preliminary injunction without the judge being presented counter arguments?
Re:didnt know? (Score:5, Informative)
Recently there was something similar in the news (I thought it was on Slashdot, but I can't find it right now).
Lindows has no presence in the Netherlands. However, there was one small PC salesman from a village in a rural area that was going to sell them.
He got an official letter from Microsoft, explaining that since Lindows had no presence and he was the only one selling, they were going to sue him over the trademark issue. The Lindows top man heard of this, and announced he would go to the Netherlands immediately to find out what was going on. The small salesman was rather overwhelmed by all the attention.
But it now seems like MS may have been doing this all over Europe, and it's gone mostly unnoticed by Lindows.
Re:didnt know? (Score:3, Informative)
Not surprising - just different philosophies (Score:5, Interesting)
Re:Not surprising - just different philosophies (Score:5, Informative)
But is Lindows on sale in Sweden? (Score:5, Informative)
And seriously, I kind of agree with the judges. "Lindows" is a bit too close to "Windows". They should try to build their own name by themselves.
Re:But is Lindows on sale in Sweden? (Score:4, Informative)
No, fonster (Swedish for "Windows") would be generic in Sweden. But I guess I could trademark fonster in the US.
And how did Microsoft get a trademark when X Windows was already being sold in Sweden by a number of UNIX vendors?
I don't know. Maybe X Windows wasn't trademarked in Sweden/Europe. Or the trademark holders failed to protect their trademark.
Also when did Microsoft get a trademark in Sweden?
1992 I guess.
You can check the web page for patent och registreringsverket which handles trademarks. Search here [www.prv.se] (javascript required). The search page is in Swedish.
"Lydelse" = Trademark text.
"Sok" = Search
"Aterstall" = Clear
Also note that a trademark is registered in classes. I couldn't find a list over what the class numbers mean though.
Invalidate WINDOWS first. (Score:3, Insightful)
BN
Darlsux (Score:4, Funny)
Quite Correct (Score:5, Insightful)
comprehensible? (Score:5, Insightful)
Re:comprehensible? (Score:3, Informative)
So, if the courts are going strictly on the populace's native language(s) and usage, then yes, windows is a unique, trademarkable word (if their legal system is like ours). Certainly Finns and Swedes know that window is a common English wo
Re:comprehensible? (Score:3, Insightful)
In non-English-speaking countries, the term is no longer generic - it becomes "fanciful", and therefore protectable, and Microsoft might win in those countries, though given the scrutiny they're under in the EU, this is not a given. Lindows.com isn't big enough to sell the same product under too different names,
I still think "windows" is a generic term... (Score:3, Informative)
Comments from Deposition of William H. Gates... [lindows.com]
"Virtually every application has the ability to put multiple things on the screen that you'd call windowing.
"The idea of splitting a screen up so you have one thing in one place and something in another place I think has been referred to windowing, certainly in the '60s that was called windowing."
Lindows should retaliate (Score:3, Interesting)
Lindows could file suit to attack their "Windows" trademark in the US, and offer to drop it only if MS agrees to quit these nusiance suits.
Since both are US companies, I also don't see why Lindows couldn't file an unfair competition suit against Microsoft in the US, along with claims they are violating thier anti-trust settlement.
Longhorn (Score:5, Funny)
UT Students were getting confused since both MS longhorn and Bevo's BM are both Stinking piles of crap. Further more UT football players, trained to lay down and play dead at the site of BEVO (witness the Arkansas and OU games) were now getting confused and doing the same thing in their computer lab. This has resulted in half the team being ineligilble for the Poulan-weedeater-holiday-trailmix bowl.
UT coach Mack "Roscoe P. Coltrane" brown had the following statement:
"IIII Know ol Bill Gates really did'nt mean any harm to us, but since the wind kept shifting directions the players were confused which crap there were smelling longhorn crap, Bevo crap or my crap". "I really thought we could keep them focused on thier school work, as soon as that Windows Start up screen came on, there they went, locked up, feel straight over, with that same glassy eyed look they get in the cotton bowl every year."
Protection against blatant clones (Score:5, Insightful)
Take a for example a look at the products of Sanex [cap.com.cy], and the blatant clone Sanicur [sanicur.com] (same sounding name, same colour scheme).
I would guess that Sanex would be more than happy to sue the other company into oblivion, but they are apparently not able to do so.
Drop the name? That's not all! (Score:5, Funny)
Said a Microsoft spokesman, "Stealing our good name is one thing, but stealing our functionality is clearly another. Our regular crashes are part of the "Microsoft Advantage"(TM), and our astronomically flukey market share is evidence enough that the people want lots of crashes, and we aim to deliver. We give the people what they want. If Lindows starts copying our patented "Crash-n-Burn Technology(TM)", we are liable to lose marketshare, and that is completely unacceptable and is punishable by immediate and lethal MS military action. We WILL defend ourselves against encroachments on our instability monopoly. Word. Oh, yeah, if those Apple guys are listening, I hear they had a security hole or two last week. Better watch it Steve, I don't remember you licensing insecurity from us...."
Apple quickly backed off by patching their security holes as ordered by Microsoft, in what was an obvious attempt to pacify Microsoft's legal department and rectify what Apple still claims was an "accident".
Re:Drop the name? That's not all! (Score:4, Interesting)
I recognize the place for distributions like Lindows (enough to spend money on it and even buy a lifetime CNR subscription at choicepc.com), but Robertson and the gang have very plainly taken the "ease of use over stability" route, and it's not a joke.
European Legal System (Score:5, Insightful)
Re:European Legal System (Score:4, Insightful)
Eh? People shouldn't expect a court system to 'stand up for the little guy'. Courts should impartially apply the laws of the land. If by so doing, the 'little guy' wins, then so be it.
If this court has correctly applied the law (and come on, people, it's not that big a stretch to see that the name Lindows might have been deliberately chosen to be readily associated with Windows) then that's the way that I suspect most people expect the European courts to work. One should also note that trademark laws in Europe versus trademark laws in the United States though similar are not identical. That court cases on different sides of the ocean produced different outcomes may be a consequence of those legal differences.
Note also that trademark law is not uniform across Europe. Microsoft may have deliberately chosen Finnish and Swedish courts to pursue these claims first, because they felt the laws would be most amenable in those jurisdictions. (I don't know anything about Finnish law--this is a hypothesis.)
Finally, this is a preliminary injunction. Microsoft has asserted that Lindows is doing them harm, and until those claims are fully tested in court, Lindows has been temporarily barred from the use of their name. If it is later determined that they are not diluting Microsoft's trademarks, Lindows can sue MS for damages associated with the injunction.
Possible Name? (Score:3, Funny)
Problems with this: (Score:5, Informative)
Typically if a trademark is huge (like Pepsi, Nike, etc.) the scope of the mark is larger and more leeway is given to the holder of the mark.
On the other hand, there is a long established history of "sound alike" marks. The famous mid-century German camera was the "Leica". The not-so-famous japanese clone was the "Ricoh" (which with a Japanese accent was indistinguishable.)
It should also be said that "Window" is *not* a Microsoft trademark. Apple's first Macintosh OS used the term "Window" to describe an enclosed area of screen real-estate used by a specific application. This is important because a trademark should *not* be descriptive in terms of functional value.
So part of the issue here is the strength and recognizability of the "Windows" trademark (which granted is huge) versus the functional, descriptive, and commonly used term "Window".
The judge clearly gave Microsoft a wide berth in terms of ownership -- making the judgement call that "Lindows" was in fact too close to "Windows" -- which in turn raises some questions: What about AOL's "Messenger" product -- has Microsoft infringed? What about "StarOffice"? (or "OpenOffice"?). Let's not forget that "Office" is also a Microsoft trademark.
One could then argue that "Messenger" is in fact a 'descriptive, functional' term... but then again... so is "Windows".
The crux of the problem is this: In the rapid development process of software creation and technology in general, the 'descriptive/functional term' and the 'protectable tradename' are typically closely linked.
Given that one cannot trademark a term that describes 'functional value', this presents an inherent problem with software and technology trademarks, and gives an unfair advantages to the first mover, or the established market leader.
Ok, no problem guys... (Score:4, Funny)
Re:Copyright/Trademark Extension? (Score:5, Funny)
Re:Copyright/Trademark Extension? (Score:5, Interesting)
Either way, though, I think Windows' case is pretty shaky. The underlying basis for trademark law is to prevent a company from confusing consumers and taking advantage of a competitor's goodwill. Unfortunately, the courts keep expanding it to ridiculous levels so that now a trademark is protected as intellectual property, instead of just to prevent unfair competition.
Re:Copyright/Trademark Extension? MOD PARENT DOWN (Score:5, Informative)
Inappropriate use of trademarks occurs when rational people might confuse the infringer's X (product, action) with something put out by the trademarkholder. In practice, this often amounts to that the infringer must be in the same or similar line of business. In practice part 2, there may be infringement even if you're in another line of business if a reasonable person could conclude that you chose that trademarked name in order to play off on existing fame/notoriety/image of the trademarkholder.
Therefore:
Re:Copyright/Trademark Extension? (Score:3, Informative)
Re:Copyright/Trademark Extension? (Score:3, Interesting)
When there's the potential for confusion, such when it's an operating system with a name that's pronounced and spelled almost identically with a desktop that does its damndest to look exactly like XP all the way down to the rolling green grassy hill wallpaper, then hell yes there's a case for dilution.
You hypocrites would be jumping all ov
Re:it's just a name! (Score:3, Insightful)
Nope. Sorry. I have far more important things in life to worry about than corporate squabbles over names. Also, I tend to date women who are smart enough to not be fooled by a similar sounding product name.
Re:Gah! (Score:3, Interesting)
Not only is it a name, it's a generic word found in any dictionary. If they were to try using the name "L-OS/X" or "L-AIX" I could see where there would be a problem.
Re:Letter differences frustrating (Score:3, Insightful)
Both the words hammer and windows are mere descriptions and cannot be enforced as trademarks. That's why Microsoft lost in its attempt to obtain an injunction in the US.
I have no idea why they are winning in Europe. It appears they have different standards. Maybe I should start selling my Hammer there!
That's trademark, not copyright. (Score:3, Interesting)
Re:What I don't understand..... (Score:3, Informative)
Or, for the short vesion: Ask Xerox and Kleenex why protecting trademarks is important, even when it involves the little
Re:i sorta agree (Score:5, Funny)
Thewe's one pwobwem howevew, and that's that "Winux" sounds wike its the opewating system that Ewmew Fudd's hackew bwothew uses.
Re:Lindows in bed with SCO anyway (Score:4, Informative)
Re:Lindows in bed with SCO anyway (Score:3, Insightful)
Besides - what "punitive action" are *you* taking, or are you "in bed" with them too?
Re:Lindows in bed with SCO anyway (Score:3, Informative)
Lindows.com is not a party to the legal disagreement between SCO, IBM and other technology companies. Until more facts are presented, Lindows.com will not take a position as to the validity of the claims presented by either side.
Their agreement predates SCO (made during Caldera days), and they don't take position on SCO's claims until it's resolved.
Re:How about X Windows? (Score:3, Informative)
They get kinda uptight about being called "X Windows".
Re:What about car companies, or Apple? (Score:4, Interesting)
Common words make excellent trademarks, as long as they are not descriptive of the product.
Scope is a common word, and it a great trademark for mouthwash. It would not be a good trademark for a telescope.
Crest is a common word, and is a great trademark for toothpaste. It would not be a good trademark for a shield.
Walk into a supermarket: hundreds and hundreds of common words for product names, all good trademarks!
So...back to your question. Apple is a great trademark for a computer company. It is a generic word that has nothing to do with computers.
Windows however, is descriptive -- the word is a generic term for a GUI view -- and hence it may not be a good trademark. That is what we're about to find out in the US. Apparently Sweden thinks otherwise.