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    Microsoft Keeps Heat on Lindows with New Suit

    By
    Steven J. Vaughan-Nichols
    -
    May 11, 2004
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      The battle between Lindows and Microsoft isnt cooling down just because the company changed its product and Web site name to Linspire.

      Microsoft Corp. has filed a new complaint against Lindows Inc. in a Dutch court, asking the court to levy a fine of 100,000 euros a day against Lindows. Microsoft asked for the same fine in its first Dutch case against Lindows. A hearing is scheduled for today.

      San Diego-based Lindows formally changed its product name and Web site on April 13 from Lindows to Linspire in response to Microsoft launching similar trademark lawsuits in Canada and Europe.

      “Microsoft is continuing the bullying tactics which have obliterated competition over the past 20 years and led to convictions on multiple continents,” Lindows CEO Michael Robertson said in a statement.

      “Its recent actions demonstrate that it has not reformed, but continues to be one of the worlds worst corporate citizens that will do anything to squash competitors that threaten its monopoly profits.

      “We halted the sale of all products under any name to the Netherlands some time ago,” Robertson stated. “At that time, Microsoft argued that consumers were confused, although they have never presented even one consumer who admits to being confused.

      “Now, Microsoft is taking the ridiculous position that the U.S-required copyright notice in tiny text on the bottom of some of the pages of Linspires Web site will confuse consumers,” he said. “We hope the judge and the world will view Microsofts action as continuing anticompetitive behavior and compel the company to compete fairly.”

      /zimages/5/28571.gifDespite setbacks, Lindows is preparing for an IPO. Click here to read more.

      Microsoft spokeswoman Stacy Drake said Lindows “continues to infringe on our trademark by maintaining Lindows as its company name in the Netherlands.”

      “We are asking that they fully change their name, including both their product name and their corporate name. We feel that it is important that we take these actions to ensure our trademark is protected in the future.”

      /zimages/5/28571.gifCheck out eWEEK.coms Linux & Open Source Center at http://linux.eweek.com for the latest open-source news, reviews and analysis. Be sure to add our eWEEK.com Linux news feed to your RSS newsreader or My Yahoo page: /zimages/5/19420.gif http://us.i1.yimg.com/us.yimg.com/i/us/my/addtomyyahoo2.gif

      Steven J. Vaughan-Nichols
      I'm editor-at-large for Ziff Davis Enterprise. That's a fancy title that means I write about whatever topic strikes my fancy or needs written about across the Ziff Davis Enterprise family of publications. You'll find most of my stories in Linux-Watch, DesktopLinux and eWEEK. Prior to becoming a technology journalist, I worked at NASA and the Department of Defense on numerous major technological projects.

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