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sorry, bmcgehee. You blew it.
Forgetting for a moment that "prior art" is not the same as "prior usage", the trademark law defines 42 categories of usage for trademarks. The products don't have to be "operating systems", but merely "software", since that is the category of trademark. Moreover, and more to the point, similar trademarks and categories count for nothing in judging a trademark to be generic. What counts is usage in the generic in the field of endeavour. In the field of endeavour, whether you define it as computer science, programming, or UI design, the term "window" and the plural "windows" has a long history - going back to the late 70s.

Heck, I remember the word being used in industry magazines pre-PCDOS, let alone pre-Windows, let alone pre-MacIntosh, let alone pre-OS-09, let alone pre-Apple3. The contention is that Microsoft appropriated the word and by changing one letter to a capital case; they declared a trademark. So far in the caselaw, that hasn't passed the laugh test.

Sorry, but you need more research in order to make your point.
Posted by: John Le'Brecage   Posted on: 04/14/04 You are currently: a Guest | Members login | Terms of Use
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f them  timm_z | 04/14/04
business as normal  zijiang | 04/14/04
Linspire?  jdunn_z | 04/14/04
Interesting...  DigitalKid | 04/14/04
RE: Linspire?  JakAttak | 04/14/04
Looks like I called another one right.  No_Ax_to_Grind | 04/14/04
Re: I told you so  fuchikoma | 04/14/04
Yes, trademark disputes are handled in a court.  No_Ax_to_Grind | 04/14/04
Some other way?  fuchikoma | 04/14/04
(correction)  fuchikoma | 04/14/04
3 courts out of 4 disagree with you.  No_Ax_to_Grind | 04/14/04
the courts?  Joe Blow_z | 04/14/04
everyone know?  broadway al | 04/14/04
3 out of 4?  fuchikoma | 04/14/04
Wow, are you wrong  tic swayback | 04/14/04
Injunctions..not decisions  el1jones | 04/14/04
I'm confused  DigitalKid | 04/14/04
Generic words as trademarks  tic swayback | 04/14/04
3 out of 4 courts don't speak English!  John Le'Brecage | 04/14/04
So is Antitrust - what's good for the goose... (nt)  Fred Fredrickson | 04/15/04
Same arguement  richhayes | 04/14/04
Really?  tic swayback | 04/14/04
Aw tic, are you upset?  No_Ax_to_Grind | 04/14/04
I'm upset by unfair bullying intimidation  tic swayback | 04/14/04
You mean like RealMedia running to the EU?  No_Ax_to_Grind | 04/14/04
And MS has such contempt for U.S. courts  Jay Cash | 04/14/04
Hogwash, MS knows the US courts are the finest money can buy.  No_Ax_to_Grind | 04/14/04
Sorry, No  tic swayback | 04/14/04
Generic Term  richhayes | 04/14/04
Doesn't matter if it's a part or a whole  tic swayback | 04/14/04
Don't let that whiplash hurt your neck tic.  No_Ax_to_Grind | 04/14/04
Freaking ZDNet talkbacks, reply should actually go here  tic swayback | 04/14/04
Ah the subtle differences  tic swayback | 04/14/04
Wasted breath tic. Lindows is now LinWhatever.  No_Ax_to_Grind | 04/14/04
Not everywhere, and not for long  tic swayback | 04/14/04
who's bias?  ryusen | 04/14/04
No_Ax  AZflyman | 04/16/04
Don't break out the champagne yet  Robert Crocker | 04/14/04
Stay tuned Robert...  No_Ax_to_Grind | 04/14/04
Please explain further...  tic swayback | 04/14/04
Simple really...  No_Ax_to_Grind | 04/14/04
riding on coat tails  Joe Blow_z | 04/14/04
So you have nothing to back up your earlier statement?  tic swayback | 04/14/04
Ok, I can help here!  bmcgehee | 04/14/04
sorry, bmcgehee. You blew it.  John Le'Brecage | 04/14/04
Sorry, there is prior art  tic swayback | 04/14/04
Just the current facts tic.  No_Ax_to_Grind | 04/14/04
So, No Axe, you admit you're just blowing smoke?  tic swayback | 04/14/04
note:  ryusen | 04/14/04
Goodie  FilledOut | 04/14/04
Good of MS to put up all that free PR  jellyclock | 04/14/04
Looking for Lindows? Try Linspire  Loverock Davidson | 04/14/04
You don't help your cause  Jay Cash | 04/14/04
Sure I do  Loverock Davidson | 04/14/04
You contradict yourself in the links  el1jones | 04/14/04
No I don't  Loverock Davidson | 04/14/04
While your intent to defame is clear  IT_User | 04/14/04
Clarification?  Jay Cash | 04/14/04
Sure  Loverock Davidson | 04/14/04
Hmm, I have to agree  IT_User | 04/14/04
Windows Trademark  bmcgehee | 04/14/04
Still doesn't fly  tic swayback | 04/14/04
Here, let me settle it.  No_Ax_to_Grind | 04/14/04
Have a good day, Axe!  John Le'Brecage | 04/14/04
Waaah! I'm taking my ball and going home  tic swayback | 04/14/04
Sorry, that's what we have courts for  IT_User | 04/14/04
Apple Computer is being litigated in England  drichards1953 | 04/14/04
Oh, they're no fun, they fell right over.  escoles@... | 04/15/04
SUBCHAPTER I  Update victim | 04/15/04
Company For sounds like Company Mor  FilledOut | 04/15/04
Consumers win  d_jedi | 04/15/04
Half measure...  d_jedi | 04/15/04
Free Linspire download  Peart_Wannabe | 04/16/04
goodbye _indows !  jvm | 04/16/04

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