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Master of his Domain: Lindows, the story that refuses to die, is back once again, this time with news that Michael Robertson has capitulated to the awesome power of Bill Gates, the world's richest man, and has agreed to turn over to Microsoft all the allegedly infringing Lindows domain names.

Reporting the settlement, the Financial Times summarised what was really at issue in this trademark dispute.
For its part, Lindows had claimed that "windows" was already established as a generic name for the way software was presented on a computer screen before Microsoft launched its own product under that name.

In a deal that lets Microsoft avoid the risk of its Windows trademark being overturned in court, the software giant has agreed to pay $20m to buy Lindows' internet domain names. Lindows said it would change its name to Linspire - a name it had already adopted in a number of countries outside the US to escape other legal challenges from Microsoft.
USA Today reported the terms of the deal.
Under the settlement, Lindows has 60 days to stop using the Lindows name on its products.

Microsoft will pay Lindows $15 million in the next 30 days. The remaining $5 million will paid out once Lindows transfers control of most of Lindows-related Web site names over to Microsoft. That must be done by Jan. 25.

Lindows has four years to continue using two of its Web addresses — www.lindows.com and www.lindowsinc.com — but only to redirect visitors to its new Web sites. After the four years have passed, those sites will also be transferred to Microsoft.
In the end, the idea to name the company "Lindows" seems to have been rather inspired. Lindows chief executive, Michael Robertson, noted that the terms of the settlement "make business sense for all parties." Party on.

And, as if aware that the DOJ might be following this lawsuit, the Microsoft lawyer dutifully said, "We are pleased that Lindows will now compete in the market place with a name distinctly its own." It's not clear whether his "we" is meant to include Mr. Gates' personal pleasure with the prospect of competition from Linux operating systems, by any other name, or not. Nah.
Posted by abnu on Tuesday, July 20, 2004 @ 12:09 AM [ + ]

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