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Lindows.com, a company run by MP3.com founder Michael Robertson, has created a Linux-based operating system named LindowsOS, capable of running popular Windows applications.
"We're obviously satisfied with the court's ruling. Our hope is that we can move beyond the courtroom and focus on our goal of bringing choice back to the PC business," said Robertson. "We've shown we can defend ourselves against a much larger corporation and we'll continue to battle in a trial if necessary."
In the 30-page ruling, US District Court Judge John C. Coughenour denied Microsoft's request for a preliminary injunction to prevent Lindows.com from using the terms "LindowsOS" and "Lindows.com."
He found that Microsoft had not shown that Lindows.com should be prevented from using the names Lindows.com and LindowsOS as part of its business, stating that, "Microsoft has raised serious questions about the validity of its trademark [Windows]."
The ruling states that "Although Lindows.com certainly made a conscious decision to play with fire by choosing a product and a company name that differs by only one letter from the world's leading computer software program, one could just as easily conclude that in 1983 Microsoft made an equally risky decision to name its product after a term commonly used in the trade..."
Although Microsoft's request for a preliminary injunction in the case was denied it does not mean that the company cannot seek a trial on the issue.
LindowsOS consists of the Linux operating system, a graphical user interface similar to Windows, and a layer of translation code that makes it possible to use Windows application programs as well as those written for Linux, the company says. Designed to be download, the system can be installed and run on more than one computer without serial code registration.
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