The legal bill of 944 euros ($1,559) will not exactly bankrupt the software giant but it is symbolic of how the tide has turned against Microsoft in its legal case against San Diego, California-based Lindows.
Following the ruling Lindows has resumed sales of its LinspireOS desktop Linux product in Belgium, the Netherlands and Luxembourg. Resellers are expected to resume sales in late June while Lindows is also making the product available free of charge via the BitTorrent file distribution site for a limited time to encourage take-up.
Microsoft originally obtained a preliminary injunction against Lindows in January 2004 arguing that the company’s name infringed its Windows trademarks in Belgium, the Netherlands and Luxembourg.
Having briefly changed its name to Lin—s in the region, Lindows eventually changed its global product and web branding to Linspire in April after Microsoft asked the court to impose the 100,000 euros-per-day fine.
The company retained the Lindows name for corporate use, however, pending the conclusion of a US trademark infringement case that has gone much more in its favor. The US Courts have twice denied Microsoft and injunction against Lindows and in the second half of this year will begin a hearing to decide whether the term Windows is even entitled to trademark protection.
Until now Microsoft’s case against Lindows had proceeded on a smoother path in Europe, However, the company’s complaint that Lindows’ copyright notice on its international web sites and licensing documentation, was rejected by the District Court of Amsterdam.
Under the present circumstances – where the use of the name Lindows as trade name is very limited and is always accompanied by the addition that Lindows is not affiliated with Windows in any way, while the use of the trade name Lindows at this point in time is still legal outside Benelux – the court comes to the conclusion that under these circumstances this use neither contravenes the judgment nor the settlement agreement, stated the ruling.
