Video game maker sues Microsoft

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Re: Microsoft will win by losing

|
| "Microsoft will lose the case, and in losing,
| helped to firmly reestablish the principle that
| a company can have a valid, protected trademark
| on common English words when used in a specific
| product, market, or industry. The signature
| example is Apple, a trademark name protected in
| the computer and music industries, and owned by
| separate companies. It's a doubly protected
| trademark by dint of both the law and an
| out-of-court settlement. The reaffirmation of
| such trademark protections effectively
| undermines Lindows' side of the dispute."
| - Brucewh, 12/22/03
|

There is a major flaw in your facts: You can trademark a common word if, and only if that term is being used in a previously unrelated manner.

In the case of Apple, the term apple has nothing to do with computers; the term was merely chosen to be used as the name/motto of a company.

When it comes to Windows, Lindows argues that Microsoft chose to name their product using a generic term used in the computing world. (Before Windows was ever created, the term window had been used to describe the box-like areas often used in many GUI OSes.)

Thus, using this revised/correted information, Mythic has the support of their introducing the term to the computing industry... And not only that, but the fact that it was specifically introduced to the gaming industry the way that it was only serves to support their case against Microsoft.

Posted by: El.Gato@...   Posted on: 12/22/03 You are currently: a Guest | Members login | Terms of Use

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