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Microsoft sues firm for Windows infringement

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CIOL Bureau
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SEATTLE: Microsoft Corp. said on Thursday it is suing a small software

company called Lindows, claiming that name infringes the trademark of the

software giant's flagship Windows operating system.

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In a complaint filed in the US District Court for Western Washington,

Microsoft is seeking to force a name change of the Lindows software, which is a

version of the Linux operating system capable of running programs made for

Windows.

"We're not at all asking the court to stop or prevent the company from

making the product, we're simply saying it shouldn't use a name that confuses

the public and infringes our trademark," Microsoft spokesman Jon Murchinson

said.

San Diego-based Lindows was started earlier this year by Michael Robertson,

the founder of online music company MP3.com that aimed to take on big record

labels. He later sold that venture to entertainment giant Vivendi Universal for

$370 million.

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Robertson said he had not seen the complaint and that Microsoft had not

contacted him about the issue. He said Microsoft, found guilty this year of

abusing its monopoly in PC operating systems, had a history of bullying rivals.

"All I know is that I'm being sued for unfair business practices by

Microsoft. Hello pot? It's kettle on line two," Robertson joked.

Microsoft said it has spent $1.2 billion over the past 18 years to market and

promote Windows, which runs an estimated 90 percent of the world's personal

computers, and that Lindows threatened to damage the brand value.

"The similarity between the Lindows and Windows marks is likely to lead

consumers to mistakenly conclude that the Lindows product was exclusively or

jointly developed by, licensed or certified by, or otherwise sponsored or

approved by Microsoft," Microsoft said in the complaint.

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Robertson said there was "zero percent" chance of confusion that

consumers would mix up Lindows with Windows.

"This is not about confusion in the marketplace, this is about

competition. For the first time in 10 years ... Microsoft is going to have

credible competition and they are threatened and they are going to do everything

they can to block and impede us," Robertson said.

Redmond, Washington-based Microsoft hoped to resolve the dispute out of

court, Murchinson said.

(C) Reuters Limited.

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