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((short description|Legal case))
((Use mdy dates|date=September 2023))
((italic title))((more citations needed|date=April 2023))

'''''Microsoft v. Lindows.com, Inc.''''' was a court [[Legal case|case]] brought by [[Microsoft]] against [[Linspire|Lindows, Inc]] in December 2001, claiming that the name "Lindows" was a violation of its [[trademark]] "Windows."

After two and a half years of court battles, Microsoft paid ((US$|20|link=yes)) million for the Lindows trademark, and [[Linspire, Inc.|Lindows Inc.]] became [[Linspire, Inc.|Linspire Inc.]]

==The case==
In addition to the [[United States]], Microsoft also sued Lindows in [[Sweden]], [[France]], [[Belgium]], [[Luxembourg]], the [[Netherlands]] and [[Canada]].

Lindows started off with a handicap of having to defend themselves from their own lawyers (from [[The Travelers Companies#History|St. Paul Fire and Marine Insurance Company]]) who initially refused to defend Lindows.<ref>[http://www.michaelrobertson.com/archive.php?minute_id=59 A Legal Victory: We Got Our Slingshot]</ref>  Judge Robert Takasugi found St. Paul Fire and Marine Insurance Company had breached their contract.<ref>((cite news|last1=Perez |first1=Juan Carlos |title=Lindows Prepares to Go Public |url=http://www.pcworld.com/article/id,115751-page,1/article.html |work=PC World |date=April 20, 2004 |archive-url=https://web.archive.org/web/20061212092404/http://www.pcworld.com/article/id%2C115751-page%2C1/article.html |archive-date=December 12, 2006 |url-status=dead ))</ref><ref>[http://sec.edgar-online.com/lindows-inc/s-1a-securities-registration-statement/2004/07/19/Section20.aspx LINDOWS INC Securities Registration Statement (S-1/A) Legal Proceedings]</ref>

In response to these lawsuits, Lindows launched ''ChoicePC.com'', which allowed people to purchase lifetime Lindows memberships that included a copy of LindowsOS, LindowsOS upgrades for life, and a ChoicePC.com T-shirt, for ((US$|100)).  All money from the memberships went towards helping Lindows in its legal battle against Microsoft.

Lindows had also retaliated against Microsoft's lawsuits with ''Lin---s'' (pronounced ''Lindash'') and the corresponding domain ''lin---s.com'' (now disused).  Consumers and resellers from countries in which Microsoft had blocked the sale of Lindows products due to the trademark lawsuits were encouraged to visit the Lin---s website instead of Lindows.com to purchase the Lin---s software, which was identical to Lindows except for the name change.

As early as 2002, a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before.<ref>((cite web | url=http://www.internetnews.com/bus-news/article.php/1135821 | title=Microsoft's Appeal in 'Lindows' Case Rejected|work=internetnews.com|author= Brian Morrissey|date=May 16, 2002 | access-date=2006-05-02))</ref> Microsoft kept seeking retrial, but in February 2004, a judge rejected two of Microsoft's central claims.<ref>((cite web|url=http://www.silicon.com/software/os/0,39024651,39118328,00.htm |title=Lindows wins in US court Microsoft ruling |access-date=2006-05-02 |work=Silicon.com |date=February 11, 2004 |author=Jo Best |archive-url=https://web.archive.org/web/20050208211227/http://www.silicon.com/software/os/0%2C39024651%2C39118328%2C00.htm |archive-date=February 8, 2005 |url-status=dead ))</ref> The judge denied Microsoft's request for a [[preliminary injunction]] and raised "serious questions" about Microsoft's trademark.  Microsoft feared a court may define "Windows" as [[Genericized trademark|generic]] and result in the loss of its status as a trademark.

==Settlement==
In July 2004, Microsoft offered to settle with Lindows.<ref>((cite web|url=http://www.pcworld.com/news/article/0,aid,116947,00.asp |title=Microsoft, Lindows Make a Deal |access-date=2006-05-07 |author=Joris Evers |work=PC World |date=July 19, 2004 |archive-url=https://web.archive.org/web/20060618002018/http://www.pcworld.com/news/article/0%2Caid%2C116947%2C00.asp |archive-date=June 18, 2006 |url-status=dead ))</ref> As part of this licensing settlement, Microsoft paid an estimated ((US$|20,000,000|2004|link=yes)), and Lindows transferred the Lindows trademark to Microsoft and changed their name to [[Linspire]].

==See also==
* [[Microsoft litigation]]
* [[X Window System]]

==References==
((reflist))

==External links==
* [http://www.microsoft.com/presspass/legalnews.asp Microsoft Legal News]
* [https://web.archive.org/web/20051201085714/http://www.gigalaw.com/articles/2002-all/isenberg-2002-04-all.html ''Windows v. Lindows'': High-Tech Trademark Troubles]
* [https://web.archive.org/web/20060712215440/http://www.microsoft.com/presspass/press/2004/jul04/07-19LindowsPR.mspx Microsoft's press release announcing the settlement]

((Microsoft))

((DEFAULTSORT:Microsoft V. Lindows))
[[Category:United States computer case law]]
[[Category:United States trademark case law]]
[[Category:Microsoft litigation]]
[[Category:Linspire]]
[[Category:2001 in United States case law]]

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