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.
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.
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.
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.