"A JUDGE LATE Friday denied Microsoft's request for a preliminary injunction against startup Lindows.com, thus allowing the startup to continue selling its operating system under the name Lindows."
... "Redmond, Wash.-based Microsoft had argued that the close similarity in the Lindows and Windows names would confuse customers and dilute its trademark for Windows products. Microsoft also argued that Windows would be "tarnished" since the LindowsOS would likely not run all Windows applications flawlessly upon release." "For a preliminary injunction to be granted, a judge must see a likelihood of success at trial and irreparable harm being done to the party making the motion. Judge Coughenour did not find these conditions met, he wrote, and also turned aside the "tarnishing" argument, saying "the court views Microsoft's tarnishment argument as specious. Any software program is likely to have some defects upon release, and Microsoft has hardly been immune to these problems." LOL! The judge is also hinting that there might be enough reason to invalidate Microsoft's trademark on the Windows name. http://www.infoworld.com/articles/hn/xml/02/03/18/020318hnlindows.xml Mark Post
