Microsoft moves north to continue Lindows battle

Microsoft has turned its legal guns on Lindows in Canada. It has issued a lawsuit in Ottawa which attempts to prevent the use of the trademarks 'Lindows', 'Lindows.com' and 'Lindows OS' north of the US border. In the suit, Microsoft says that Lindows is attempting to 'cause or likely to cause in confusion Canada between [Lindows'] wares and business and the wares and business of the plaintiff'.
Also named in the suit are the The South West Shore Development Authority, the Regional Development Authority of Nova Scotia as it operates an office for Lindows in Canada. The case rests on the alleged infringement of the word 'Windows'. Microsoft has trademarked the word in Canada since 1985.
Redmond has chosen to sue Lindows in Canada despite recently losing a ruling in the US to the effect that 'windows' is generic and cannot be the subject of a trademark. Lindows says that Microsoft has now opted out of a jury trial due to begin on 1 March, and will instead appeal the ruling.
Whilst the case remains 'live' in the US courts, Lindows is free to carry on using its name and trademarks whilst it seems that Microsoft remains free to litigate against Lindows and its resellers around the world. Recently Microsoft attempted to sue a reseller in the Netherlands over the use of the word 'Lindows'.