[IP] more on losing "Windows"?
From: Andrew Johnstone <amjohnst@xxxxxxxxxxxxx>
Respectfully, the news story included with last message got it wrong.
Judge Coughenour did not rule that "the Microsoft trademark 'windows'
was too generic." Instead, he held that genericness should be measured
at the time the trademark is first used rather than some later point in
time as Microsoft has suggested. Even if Judge Coughenour's ruling on
this issue is upheld by the Ninth Circuit, Microsoft could still
prevail at trial if it convinced the jury that the term "Windows" was
not generic back in 1983. Here's a link to the ruling --
http://info.lindows.com/lindows/GenericnessRuling.pdf
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