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Re: Please help



In <9A3C8437-2E1B-4F25-A3EA-2CD3D3C7987B@halblog.com>, Hal Vaughan wrote:
>On Mar 4, 2011, at 12:26 AM, Boyd Stephen Smith Jr. wrote:
>> Please don't give Microsoft the word "windows".  If you mean the MS
>> Windows operating system say "MS Windows".  If you mean the things used
>> in a windowing system (like X11) or those transparent things built into
>> walls, use "windows", or "Windows" is it is the first word of a sentence.
>
>I wish it were true, but if it were, then Lindows wouldn't have run into
>trouble for infringing on the Windows trademark owned by Microsoft.

You can bring suit for just about anything.  MS brought suit against Lindows.  
The company behind Lindows settled, prior to a legal decision, and 
voluntarily changed their name.  There is no law or decision that supports 
the assertion that "Windows" is a trademark or owned by Microsoft.

>You and I may say this and it may be our opinion, but until it's made clear,
>legally, that it's not a trademark, it's only our opinion, and we all know
>there's a big difference between opinion and fact -- no matter how much we
>want our opinion to be true.

Phrases are not considered trademarks "by default".  Instead, phrases are 
considered non-trademarked until the law or a legal decision establishes them 
as a trademark.

Like I said,  I'd give them that word.  If they want it make them take it.

(There is an established trademark for the phrase "Microsoft Windows", use it 
to be clear what is being discussed.)
-- 
Boyd Stephen Smith Jr.                   ,= ,-_-. =.
bss@iguanasuicide.net                   ((_/)o o(\_))
ICQ: 514984 YM/AIM: DaTwinkDaddy         `-'(. .)`-'
http://iguanasuicide.net/                    \_/

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