Lindows.com today announced that Microsoft Corporation has filed a temporary injunction in Stockholm against Lindows.com to prohibit the use of certain Lindows trademarks in Sweden, pending a later decision on the alleged trademark infringement.
Stockholm City Court has upheld the complaint, which prohibits Lindows.com from using ‘Lindows’, ‘Lindows.com’, and ‘LindowsOS’, as marks for products or services regarding operative systems, under a penalty of three million SEK.
Microsoft is the holder of trademark registrations in Sweden, among other countries, for the marks Windows, Windows NT, Windows Warehouse and Windows World. The trademark Windows is used worldwide by Microsoft to identify Microsoft’s operative systems.
According to a court statement, Microsoft has shown ‘probable reasons for the alleged infringement. It may reasonably be expected that Lindows will continue the infringement and diminish the value of the sole right to the marks. A delay would imply a risk for damage. On these grounds an injunction shall be issued immediately.’
‘Microsoft is using lawsuits as a battering ram to smash Linux, to prevent it from reaching retail stores,’ said Michael Robertson, chief executive officer of Lindows.com. ‘We’re hopeful that the Judge will see Microsoft’s true intentions are to sustain their monopoly and will grant Swedish computer users the same choices that global computer users are benefiting from.
‘Microsoft tried this identical legal manoeuvre in the US, attempting to block the growth of Linux with mainstream computer users. The US Courts denied their request multiple times and today more than 100 retailers sell Linux desktop and laptop computers, forcing Microsoft to compete in the United States for the first time in many years, giving consumers more choices and better prices.’