Cisco Explains iPhone Lawsuit > How can they trade mark such a word?

reply to brandon

Re: How can they trade mark such a word?

Correct me if I'm wrong, but I think the trademarked term is "Microsoft Windows", not just "Windows"

It's just Windows. It took them almost 12 years before they were given a registration number for the OS.

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Word Mark WINDOWS
Goods and Services IC 009. US 038. G & S: computer programs and manuals sold as a unit; namely, graphical operating environment programs for microcomputers. FIRST USE: 19831018. FIRST USE IN COMMERCE: 19831018
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 74090419
Filing Date August 20, 1990
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 21, 1994
Registration Number 1872264
Registration Date January 10, 1995
Owner (REGISTRANT) Microsoft Corporation CORPORATION DELAWARE One Microsoft Way Redmond WASHINGTON 980526399
Assignment Recorded ASSIGNMENT RECORDED
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Affidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20050407.
Renewal 1ST RENEWAL 20050407
Live/Dead Indicator LIVE

Thanks for the correction.

reply to Goober
Even then, it's not 100% clear on the trademarking of Windows. Back a few years a company called Linspire came out with a Linux distribution that ran some Windows applications called Lindows. Microsoft sued because the trademarks were sufficiently similar that it could cause confusion to consumers. While the case was ultimately settled out of court before all appeals were exhausted, it was quite a ways down the path of Microsoft losing the case because Microsoft had used the term "windows" in describing the GUI prior to Windows (the product) from ever being released. Apple and Xerox had also implemented the idea and used the terminology prior to Microsoft telemarketing it as well. It would be similar to me trademarking the name Phones and then suing any company that used the derivative of that.

Trademarks are used to product product name recognition in the market place. Multiple companies can own the same or similar trademark as long as the use of the trademark is in different areas and would not be commonly confused by the lay person. My company has a trade mark of "Do it Best" (the hardware store). Nike has the trade mark "Just Do It". They are fairly similar, but it's not likely someone would confuse a hardware store and a sports clothing company.
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Quis custodiet custodes ipsos?

reply to cdru
"Linspire" is the new name that is the end result of the lawsuit; the original name that provoked the suit was "Lindows"

Edit: Oops, my eyes skipped right over where you said this, sorry

reply to cdru
I recall that Microsoft lost the case (and appeals) against Lindows (now Linspire) in the USA, but kept suing Lindows in every country in the world, one by one. They lost in about half a dozen countries in a row, and finally won in one.
Microsoft's not above SLAPP lawsuit abuse.
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SBC is the world's second-largest SpamHaus and leads an Organized Crime Syndicate. Also see TURN.org or UCAN.