A Microsoft representative confirmed that the suit was filed late Wednesday in the Federal Court of Canada in Ottawa.
The suit makes trademark claims similar to previous cases filed in the United States and Europe and seeks an injunction barring Lindows from doing business under that name.
The U.S. suit, filed shortly after Lindows went into business, claims the company's name infringes on Microsoft's trademark for its Windows operating system. Lindows, which sells a version of the open-source Linux operating system with an interface similar to Windows, argues the Microsoft trademark is invalid because "window" was a generic computing term at the time it was granted.
The judge hearing the U.S. cases has sided with Lindows in denying Microsoft's requests for an injunction against the company. The judge also recently ruled in Lindows' favor in declaring that the jury must consider use of the term "windows" around the time the trademark was granted. Microsoft plans to appeal that decision, further delaying the trial.
Microsoft has filed similar legal actions in several European countries, where it has been more successful with injunction requests.
Lindows CEO Michael Robertson said Microsoft is expanding the case globally mainly as a punitive business tactic against a competitor. "We've been selling to Canadian customers for more than two years, and Microsoft hasn't said a word," he said. "This is just trying to pile on lawsuits to slow us down."
The Microsoft representative said Microsoft must protect its trademarks to retain them. "Microsoft's actions in Canada are only about the Lindows name," the representative said.
I am amused by Microsoft's ongoing effort to force Lindows to use another name. I see it as one of the best advertising campaigns ever devised by one company to get their own company recognized with little or no cost. (I believe that after Microsoft has lost the suit in English speaking countries at least, they should of course be required to pay Lindows legal fees.)
Score one for Lindows, so clever.
Microsoft's initial error was to think/suggest that Lindows may confuse customers into buying Lindows products instead of Microsoft's own. I have yet to hear of any complaint by a consumer on this potential problem.
Nor to hear a consumer complaint about the product not being to able to perform tasks on par with Microsoft own.
What should the buying public think about this: Lindows products appear to work as well or better than similar Microsoft products. EG few complaints about performance or ability to do advertised tasks and appearing to be comparable to Microsoft in functionality.
Score two for Lindows, so extremely clever.
Microsoft if clever might think about porting to Linux/Unix at least the application portions of their business. Maybe they are worried about their ability to compete at the levels of performance or ability to do advertised tasks that will soon be required.
Fire any lawyers that are still around that agreed so long ago that Windows was a safe name for you to use and move on.