Judges in Finland and Sweden have given Microsoft
preliminary injunctions barring Linux supplier Lindows.com from
using the Lindows name.
Microsoft sued Lindows.com in the US in December 2001, accusing
the company of infringing its Windows trademark and asking the
court to bar Lindows.com from using the Lindows name.
The company lost two requests for an injunction and the matter
is now for a jury to decide in a trial set to start on 1 March.
However, the European courts appear to be siding with
Microsoft.
The company sought a preliminary injunction in Finland on 28
November and it was granted on 1 December, said company spokeswoman
Stacy Drake. In Sweden, Microsoft requested a preliminary
injunction on 9 December and it was granted the following day.
Microsoft has also filed a request for a preliminary injunction
in the Netherlands and intends to do so in France, where it has
already taken the first step in that process by filing a complaint
with a local court, Drake said.
"In response to what is a clear and obvious infringement on our
trademark, Microsoft has taken action in select international
territories to curtail infringing or misleading behaviour on the
part of Lindows.com," Drake said.
Lindows.com spokeswoman Cheryl Schwarzman said the company was
unaware of the Finnish preliminary injunction or the filing of a
complaint in France. Lindows did know of the Microsoft action in
the Netherlands, she added.
Lindows.com chief executive officer Michael Robertson lashed out
against Microsoft's legal pursuit of his company, accusing
Microsoft of using lawsuits "as a battering ram to smash
Linux".
Drake denied that Microsoft is trying to stifle competition.
"Microsoft's steps in this case are only about the Lindows name. We
are merely asking that Lindows.com change its name, which obviously
is meant to copy our Windows brand," she said.
"Contrary to Lindows' statements, this is not about Microsoft
trying to prevent competition."
Joris Evers writes for IDG News Service