The jury trial begins Monday, December 1, 2003 in Seattle. Judge John C. Coughenour will preside. Lindows.com has subpoenaed Bill Gates and Steve Ballmer to testify as hostile witnesses. Several original members of the Microsoft Windows 1.0 development team will also testify.
The trial is about whether Microsoft can be the only company that can use the generic word 'windows' to identify a product. Lindows.com believes the word is generic and has been used throughout the industry for years. Microsoft waited 7 years before filing for a trademark, and the Trademark Office rejected it twice for being generic. Evidence to be presented will span 20 years and include previously never disclosed internal Microsoft documents.
If Lindows.com prevails, Microsoft's trademark may be invalidated — meaning they can no longer bully smaller companies with trademark litigation.
Michael Robertson, Lindows.com
