[svlug] MS (out)lawsuit again

[Rick Kwan]

Peter Ridge wrote:

> "The examining attorney will refuse registration of a mark as merely 
> descriptive if it immediately describes an ingredient, quality, 
> characteristic, function, feature, purpose or use of the specified goods 
> or services."

That is a very interesting quotation.  Where does it come from?

> Now, is Windows a valid trademark for an operating system that uses 
> windows? On the one hand, Windows is not a pane of glass or other 
> instance of a physical construct normally associated with the word 
> "window". However, in any graphical user interface, windows is a generic 
> term for the boxes that contain data or other windows. Whether you're 
> talking about X, MacOS, AmigaOS or Desqview, you refer to those boxes as 
> windows. Sounds to me like Windows is not a valid trademark because it 
> describes a characteristic--a fundamental one at that--of the product.

This is exactly my point in that other thread I titled
"what's in a name? (well, a lawsuit or two)".  [I started the
other thread because I thought I was on a tangent from this one.]

and ...
Peter Ridge wrote:
 > Erik Steffl on 03/13/2004 04:27 AM wrote:
 >> Rafael wrote:

>>> "Microsoft states further that Lindows.Com gains an unjustified
>>> advantage from and injures the reputation of the brand WINDOWS."
>>
>>
>>   injures the reputation! that should go into fortunes db:-)
> 
> 
> Hehe. If we got a nickel every time MS injures another company or 
> otherwise attains an unjustified advantage, MS would be broke. :-)
> 
> Peter

To repeat myself from the other thread ...
 > I'm surprised some enterprising attorney hasn't found a way
 > to file for invalidation of the "Windows" trademark.

What I haven't figured out is... if a trademark suit were brought
against Microsoft, who would the injured parties be?
* Computer companies that have products displaying windows?
* Consumers as a class defrauded into thinking that Windows is
   where windows originated from?  (Probably a weak case.)
* Xerox PARC as the originator of windows?

--Rick Kwan