19 ms·

This is insane. The term goes back to the 1700s. You can't just take over random words from the dictionary and start suing.

c3534l 7y ago
You absolutely can. I can't come up with a Linux distro and call it "Windows" for instance.
- pc86 7y ago
  You also can't make a reasonable argument that that's a "random" word choice, either.
- magduf 7y ago
  That's because you're doing something that directly competes with an existing trademarked product. Windows is a computer operating system, so of course you can't make another computer operating system and call it "Windows". However, if you want to make some breakfast cereal called "Windows bran flakes", you're absolutely allowed to do that under trademark law, because it has zero to do with computer operating systems. Just make sure the box doesn't look like Windows 10, or the Microsoft/Windows logos, or anything like that. What we're seeing here is total overreach. "Backcountry" is a common word that's been around for centuries. So yeah, it would certainly be wrong for someone to start an online retail business selling outdoor stuff and call it "backcountry-equipper.com" or something like that. But they're suing people who are doing totally different stuff, like making jeans, not people operating online retailers of various outdoor equipment.
  - anonymfus 7y ago
    The point could be that window in Windows means an area of the screen dedicated for an application to display output and receive input from the user, and such meaning is generic for operating systems.
- kstrauser 7y ago
  You can get pretty darn close: https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com,_Inc https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com.... > As early as 2002, a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February 2004, a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark. Microsoft settled the lawsuit they filed by buying the name "Lindows" for $20M.
kube-system 7y ago
Many brands are existing words. You don't even need to look at edge cases to support this: * Apple * Amazon * Nike * Oracle * Visa * Fox .... The point of trademarks is to protect consumers from misleadingly identified products. Whether the word is used for something else is irrelevant. Basically all western countries take into account the context in which the term is used. i.e. your grocery store can still legally sell a fruit called 'apple'.

c3534l 7y ago

You absolutely can. I can't come up with a Linux distro and call it "Windows" for instance.

pc86 7y ago
You also can't make a reasonable argument that that's a "random" word choice, either.
magduf 7y ago
That's because you're doing something that directly competes with an existing trademarked product. Windows is a computer operating system, so of course you can't make another computer operating system and call it "Windows". However, if you want to make some breakfast cereal called "Windows bran flakes", you're absolutely allowed to do that under trademark law, because it has zero to do with computer operating systems. Just make sure the box doesn't look like Windows 10, or the Microsoft/Windows logos, or anything like that. What we're seeing here is total overreach. "Backcountry" is a common word that's been around for centuries. So yeah, it would certainly be wrong for someone to start an online retail business selling outdoor stuff and call it "backcountry-equipper.com" or something like that. But they're suing people who are doing totally different stuff, like making jeans, not people operating online retailers of various outdoor equipment.
- anonymfus 7y ago
  The point could be that window in Windows means an area of the screen dedicated for an application to display output and receive input from the user, and such meaning is generic for operating systems.
kstrauser 7y ago
You can get pretty darn close: https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com,_Inc https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com.... > As early as 2002, a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February 2004, a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared a court may define "Windows" as generic and result in the loss of its status as a trademark. Microsoft settled the lawsuit they filed by buying the name "Lindows" for $20M.

kube-system 7y ago

Many brands are existing words. You don't even need to look at edge cases to support this: * Apple * Amazon * Nike * Oracle * Visa * Fox .... The point of trademarks is to protect consumers from misleadingly identified products. Whether the word is used for something else is irrelevant. Basically all western countries take into account the context in which the term is used. i.e. your grocery store can still legally sell a fruit called 'apple'.