Lindows Sues to Block Microsoft Foreign Injunctions

 
 
By Steven Vaughan-Nichols  |  Posted 2004-03-22 Email Print this article Print
 
 
 
 
 
 
 

Lindows will get an early chance to convince the U.S. courts that Microsoft should not be allowed to seek legal remedies against it in foreign courts, which U.S. courts have already ruled out.

Lindows.com Inc. has persuaded a federal district court judge to grant an expedited hearing on its motion for an injunction to thwart Microsofts international legal campaign against the Lindows name. U.S. District Court Chief Judge John Coughenour scheduled the hearing for March 24 at U.S. Western District Court in Seattle. The hearing will consider whether to grant Lindows.coms request for an "antisuit injunction and declaration of nonenforceability of a foreign interim order" that Microsoft has obtained in Europe against the San Diego-based company.

Lindows.com has done well in blocking Microsofts attempts to make it change its name in the United States. But in Europe, Microsoft has been successful in getting the Netherlands, Belgium and Luxembourg (the Benelux countries) courts to stop Lindows from using its name. Microsoft has also managed to challenge Lindows.coms business in similar cases in Finland, France and Sweden.

Lindows attempted to dodge the Benelux court decision by changing its name in the region to "Lin---s" (Lindash) failed. Microsoft successfully appealed the move and Lindows has, for now, abandoned doing business in the Benelux. The company is working on changing its name in the Benelux to something completely different so it will be able resume operations in those countries.

Since Lindows.com is not willing to change its name, which is the foundation of the entire case, Lindows.com is seeking to have the U.S. courts stop Microsoft from blocking Lindows.coms use of its name in other countries. U.S. courts allowed Lindows.com the use of its name more than two years ago.

Judge Coughenour will preside over the hearing, in which legal teams from Lindows.com and Microsoft will be given 20 minutes each to present their cases. The full text of the motion is available as a PDF file on the Lindows Web site.

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Steven J. Vaughan-Nichols is editor at large for Ziff Davis Enterprise. Prior to becoming a technology journalist, Vaughan-Nichols worked at NASA and the Department of Defense on numerous major technological projects. Since then, he's focused on covering the technology and business issues that make a real difference to the people in the industry.
 
 
 
 
 
 
 

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