Windows blocks distribution of Lindows's software

Sweden

In Microsoft Corporation v Lindows.com Inc (Case T 21006-03), the Stockholm District Court has issued a temporary injunction enjoining Lindows from using the trademarks LINDOWS, LINDOWS.COM and LINDOWS.OS for goods and services relating to operating systems under penalty of a fine of Skr3 million ($412,000). This effectively blocks the distribution of Lindows's software in Sweden.

The court issued the injunction on the grounds that:

  • Microsoft is the owner of Swedish trademark registrations for WINDOWS, WINDOWS NT, WINDOWS WAREHOUSE and WINDOWS WORLD;

  • the trademark WINDOWS is used worldwide by Microsoft to identify its operating systems;

  • Lindows markets and sells an operating system in Sweden under the name LINDOWS; and

  • Microsoft had shown probable cause for trademark infringement, and it can be assumed that Lindows will continue the infringement and lessen the value of Microsoft's trademarks.

However, the court did not discuss its reasons for regarding the use of LINDOWS as infringing the WINDOWS trademarks.

The case will proceed to trial once Lindows has been served with the summons.

For a discussion of a similar case pending in the United States (with a trial date now scheduled for March), see WINDOWS Case proceeds to trial.

Nina Graflund, Jonas Gulliksson Advocates Ltd, Malmo

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