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Judge Orders Jury To Consider Whether "Windows" Was Generic Mark In 1980s

Law360 (February 10, 2004, 12:00 AM EST) -- In a severe blow to Microsoft, a federal judge ruled Tuesday that he would instruct a jury to consider whether the “Windows” mark was generic in the 1983-1985 timeframe prior to the release of Microsoft's Windows products.

Microsoft, which is suing Lindows.com for trademark infringement, had argued that the present-day usage of the word should be considered in determining whether it is generic. Lindows.com is an operating system that can run applications for both the Windows and Linux platforms.

"If the term is found to be...
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