Lindows.com filed motion to dismiss trademark lawsuit filed again...
Lindows.com filed motion to dismiss trademark lawsuit filed against it by Microsoft. In suit, filed last month, Microsoft sought to stop Lindows from using terms “LindowsOS” and “Lindows.com.” Lindows said Microsoft also demanded it turn over its entire database…
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of names, e-mail addresses and physical addresses for people who have expressed interest in operating system it’s planning to make available that will run Microsoft Windows and Linux software. In challenging Microsoft, Lindows said Tues.: “Because Lindows.com has no presence and conducts no business in the state of Washington” -- where Microsoft is based -- “Lindows.com has filed a motion to dismiss the claim citing a lack of personal jurisdiction over” San Diego-based Lindows. Motion by Lindows to dismiss lawsuit and motion by Microsoft for preliminary injunctions are set for hearing Feb. 1, Lindows said. Lindows was formed by Michael Robertson, who became its CEO after stepping down from MP3.com as CEO. Robertson said Tues.: “We're looking forward to showing the court the widespread use of the term ‘windows’ or variations thereof by literally hundreds of companies which are not endorsed or sponsored by Microsoft. The fact that Microsoft has chosen not to sue these companies demonstrates their true motivation in this case is to crush competition from a promising new technology which threatens their illegally obtained monopoly… We're not happy that a company known for illegal business practices took the unnecessary step of gaining access to our database. In spite of their assurances it will not be used for any purpose outside this case, we've alerted our users of Microsoft’s actions.” Development of Lindows operating system was “continuing,” Robertson said, despite delays caused by producing almost 15,000 pages of documents demanded by Microsoft. Sneak preview of LindowsOS “is expected shortly,” Lindows said.