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Lindows insists windows is a generic term

Software maker Lindows.com said that it has filed for a summary judgment in its battle against Microsoft, claiming that the similarities between the Lindows and Windows names do not impede on Microsoft's copyrights because "windows" is a generic term for a type of software product.

Lindows offers a low-cost, Linux-based operating system (OS) which runs a variety of programs, including applications written for Microsoft's Windows OS.

Last year, Microsoft sued Lindows over copyright infringement claims related to the Lindows and Windows names.

The company claimed that Microsoft cannot hold sole claim over the term "windows" as the term commonly understood by consumers as a key feature of modern graphical user interfaces.

"Graphical user interfaces that feature the use of the term 'windows' have, since the late 1970s, been referred to as 'windows programs', 'windows interfaces', 'windows systems' and 'windows managers'. The term 'windows' has been used as a generic term for a category of computer software products for more than 20 years," said Lindows.

Microsoft spokesman Jim Desler said: "Windows is one of the most highly recognised brands because of years of hard work and billions of dollars in investment.

"We will vigorously oppose any attempt to infringe on this trademark or have it diluted by copycat brands," Desler added.

Lindows claimed that it has met the burden of proof in rebutting the validity of Microsoft's claims in the case and is seeking a summary judgment on all claims asserted by Microsoft, as well as Lindows' counterclaims.

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