Lindows.com has asked a federal judge in Seattle to stop
Microsoft from pursuing trademark infringement lawsuits against the
company in international courts.
The company also asked the judge to declare a January ruling by
a Netherlands court non-recognisable and unenforceable. If the
court does not intervene, Lindows.com would be forced to shut down
its website.
Lindows.com hoped the judge will rule before next week's hearing
in an Amsterdam court where Microsoft will argue that Lindows.com
is not complying with the Dutch court's order to make its website
inaccessible to people in the Benelux countries.
Microsoft is asking the court to fine Lindows.com €100,000 a day
for failing to block access to its website from to visitors from
three European countries. Lindows.com has claimed that technically,
it is impossible to comply with the blocking order.
In January a Dutch judge barred the use of the Lindows name in
the Benelux countries after Microsoft filed suit, charging that the
name infringed upon its Windows trademark. Lindows.com has already
recalled its products from the region and posted a notice on its
website that it is unable to sell its products there.
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. It lost two
requests for an injunction in the US and the trial has been
delayed.
European courts are, however, siding with Microsoft, which has
won injunctions in Finland, Sweden and the Netherlands and is
pursuing the case in France. It is also pursuing the case in
Canada. Lindows.com is now trying to stop Microsoft from fighting
it abroad at least until the US case has been decided.
Microsoft argued that if Lindows.com has issues with rulings
made by courts in other countries, it should fight the rulings in
those countries, said spokeswoman Stacy Drake.
"This is a baseless effort by Lindows to avoid the jurisdiction
of international courts where they are in violation of local
trademark laws," she said. "If they don't believe they can
reasonably comply with a preliminary injunction in a given country
then it is most appropriate that they raise the issue with the
court that rendered the injunction."
Joris Evers writes for IDG News Service