In December, Microsoft sued operating-system maker Lindows.com, claiming the 6-month-old company was illegally taking advantage of its Windows trademark and potentially confusing customers.
However, in a preliminary ruling issued late Friday, US District Judge John Coughenour said the suit raised "serious questions" about whether the word "Windows" is entitled to trademark protection.
"Although Lindows.com certainly made a conscious decision to play with fire by choosing a product and company name that differs by only one letter from the world's leading computer software program," Coughenour wrote, "one could just as easily conclude that in 1983 Microsoft made an equally risky decision to name its product after a term commonly used in the trade to indicate the windowing capability of a GUI (graphical user interface)."
The judge also refused Microsoft's request to immediately shut down the Lindows site and stop the smaller company from using the word "Lindows." Instead, those issues may be decided at trial.
Lindows.com, which is headed by former MP3.com CEO Michael Robertson, is developing a Linux-based operating system that runs Windows-based programs.
"We're obviously satisfied with the court's ruling," Robertson said in a statement. "Our hope is that we can move beyond the courtroom and focus on our goal of bringing choice back to the PC business."
Microsoft did not immediately respond to requests for comment.
