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Subject: [IP] more on losing "Windows"?
From: Andrew Johnstone <amjohnst@ameritech.net> Respectfully, the news story included with last message got it wrong. Judge Coughenour did not rule that "the Microsoft trademark 'windows' was too generic." Instead, he held that genericness should be measured at the time the trademark is first used rather than some later point in time as Microsoft has suggested. Even if Judge Coughenour's ruling on this issue is upheld by the Ninth Circuit, Microsoft could still prevail at trial if it convinced the jury that the term "Windows" was not generic back in 1983. Here's a link to the ruling --http://info.lindows.com/lindows/GenericnessRuling.pdf
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