Lindows.Com Inc

OS upstart can continue operating under its current name until April, when the two companies go to trial.

By Tony Kontzer

Lindows.com Inc. posted its latest courtroom win over Microsoft this week. It's the second setback in Microsoft's attempt to prove that the Lindows name infringes on its Windows trademark. A U.S. District Court judge rejected Microsoft's appeal of a decision in March to deny an injunction request that would have prevented Lindows from doing business under its current name. In its ruling on the appeal, the court indicated that Microsoft has itself acknowledged that "windows" can be considered a generic computing term.

"Even Microsoft's own computer dictionary includes expansive definitions of 'windowing environment' and 'windowing software,'" the judge's order read.

Not surprisingly, Microsoft disagreed with the decision and says it will continue preparing for trial in an attempt to preserve the integrity of the Windows brand and prevent Lindows from operating under its name. The trial is set to begin in April. Lindows is preparing to release a Linux-based operating system that will run Windows programs and will make it possible to run Windows and Linux side-by-side on the same PC.

Lindows was founded by Michael Robertson, who established himself as a giant-killer while serving as CEO of digital music maverick MP3.com, where he successfully staved off the efforts of the major music labels to shut down the company, eventually agreeing to an out-of-court settlement, followed by the $372 million sale of the company to Vivendi Universal last spring. Robertson left MP3.com once the transaction closed and founded Lindows.com, which he unveiled late last year.