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Not entirely true either
You can trademark words out of the English language to serve a particular purpose, so long as the word is not already in common use for that purpose. In other words, you can trademark a word out to the English language to serve as the name of a company (e.g., Apple) or a product (e.g., Windows). The question isn't?or isn't entirely?whether the word was in common use for other purposes, but whether the word was in common use for the purpose, or anything close. Although it is true that "window" (and the plural) was in common use for a user interface element, nobody was coming even close to using it as a product name or product description. So, the jury can consider the question of whether the word was generic, you can be sure that Microsoft's attorneys will be making sure that they consider the question within the narrowest possible confines of existing law.




Message created using ScanSoft Dragon NaturallySpeaking? Professional 7.3 and/or ParaGraph PenOffice? 2.5 CalliGrapher? handwriting recognition software. Please excuse any unintentional errors. I never make errors, so any you find are obviously the fault of Dragon or CalliGrapher?. But not me. Really. Trust me?I wouldn't lie to you as far as you know.
Posted by: BruceWheelock@...   Posted on: 02/11/04 You are currently: a Guest | Members login | Terms of Use
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Too funny  OhMyGosh | 02/11/04
My fasha can't open his lindow  Arrg | 02/11/04
what do you call a window that pops up on linux  JWatson77 | 02/11/04
a window... but why?  Iko_z | 02/12/04
Windows  ITGuy04 | 02/11/04
Yes, you are exactly right, Windows is generic.  DonnieBoy | 02/11/04
not entirely true  LightningShrike | 02/11/04
Not entirely true either  BruceWheelock@... | 02/11/04
but..  neil ubich | 02/11/04
This question has already been settled.  Immanuel Tranz-Mischen | 02/11/04
Correction  Immanuel Tranz-Mischen | 02/11/04
Never heard of The X Window System? (NT)  dscherf | 02/12/04
Wrong question.  jfrankcarr | 02/11/04
personally,  ryusen | 02/11/04
correct  neil ubich | 02/11/04
re: Windows  dwest_z | 02/11/04
Microsoft would do well to admit Windows is generic and go on with life.  DonnieBoy | 02/11/04
it is not about the trademark  JWatson77 | 02/11/04
Yes, true, but Michael has lots of money from selling MP3  DonnieBoy | 02/12/04
agreed  neil ubich | 02/11/04
Let's be realistic here.  Immanuel Tranz-Mischen | 02/11/04
Right.  Heatlesssun | 02/11/04
Still, completely legal to take advantage of others mistakes.  DonnieBoy | 02/11/04
Couldn't they just...  tic swayback | 02/11/04
yeah  neil ubich | 02/11/04
Nope  OhMyGosh | 02/11/04
Actually, they were pretty clear  IT_User | 02/11/04
Lindoors would have got them in trouble too  voska | 02/11/04
Why lindows?  Jack-Booted EULA | 02/11/04
eish!  stephen732@... | 02/11/04
Why Lindows  mavedrive | 02/11/04
not possible to prove  LightningShrike | 02/11/04
One thing though  bhanes@... | 02/11/04
Right!! no wrong  nite_w0lf | 02/12/04
Curiouser and Curiouser  vferrara | 02/11/04
Not conflicting, really  IT_User | 02/11/04
In the meantime...  vferrara | 02/11/04
Yep, 'windows' is just another commonly used generic  FilledOut | 02/11/04
well, not really...  jstead1 | 02/11/04
The K?  IT_User | 02/11/04
"Khule" (cool) Desktop Environment - most of the developers are German  DanIelWalker_z | 02/12/04
And if they're pronouncable  IT_User | 02/12/04
Hmm, probably "pronounceable"  IT_User | 02/12/04
Actually....  Torgam | 02/11/04
the "K"  ryusen | 02/11/04
New product announcements  d_jedi | 02/11/04
Confuse customers?  IT_User | 02/11/04
Microsoft is guilt of the same thing  agramont@... | 02/11/04
Microsoft is..  speedy1415 | 02/12/04
Well, they certainly wanted to give the impression is was similar.  DonnieBoy | 02/11/04
Correct me if I'm wrong..  d_jedi | 02/12/04
Can't correct, will comment...  IT_User | 02/12/04
Re: Can't correct, will comment...  d_jedi | 02/12/04
What's the d for?  zd-spam | 02/11/04
huh?  d_jedi | 02/12/04
when "ms windows"  ryusen | 02/12/04
What?  neil ubich | 02/11/04
But..  d_jedi | 02/12/04
poor poor pitiful M$  beafeater | 02/11/04
Just for the record  Louisiana oilman | 02/11/04
and  JWatson77 | 02/11/04
Yes and No  Letophoro | 02/11/04
Trademarked words  FirstNLastN | 02/11/04
In GB it is an articulated spanner  MarcB_z | 02/11/04
and  neil ubich | 02/11/04
Well, MIT could probably lay claim to "X WINDOWS System", from about 1982  DanIelWalker_z | 02/12/04
Similar to INTEL/AMD issues from years ago  mrlinux | 02/11/04
Is anyone paying attention?  BruceWheelock@... | 02/11/04
Re: Windows  saidge | 02/11/04
Generic term specific to industry  drichards1953 | 02/11/04
Which is why trademarks have to be protected....  quietLee | 02/12/04
A blatant waste of our time and money.  slyski@... | 02/11/04
Possible new name strategy  rlodge@... | 02/11/04
Microsoft's arrogance  jdtiede@... | 02/12/04

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