As promised last week, desktop Linux vendor Lindows Inc. today announced a new name for its software, trying for now to avoid litigation outside the United States with Microsoft, which alleges that Lindows infringes on the Windows trademark. Lindows said its operating system, previously called LindowsOS, will now be known as ... drum role, please ... Linspire.

The company itself will still be called Lindows. But the surprising part is that the name of the software will also be Linspire in the United States, except "in certain instances," when the name Lindows will still be used, according to the news release. Lindows CEO Michael Robertson had seemed to suggest in this newsletter last week that the name change would apply only outside the United States.

Lindows says in today's news release that, in the United States, the legal fight will continue over its use of the Lindows name for its software. As part of that case, Lindows is asking the court to declare the Windows trademark generic, and therefore invalid. The initial court rulings (see stories here and here) haven't been especially promising for Microsoft in that regard.

But it was Microsoft that started the case in the first place, meeting its legal obligation to defend its trademark. The question now: If the product itself were no longer named Lindows in the United States, could Microsoft simply drop the suit, thereby sidestepping Lindows' related challenge to the Windows trademark? Or would the "certain instances" be just enough to require Microsoft to continue to pursue the suit?

"It's still too early to tell how this will impact the legal proceedings," Microsoft spokeswoman Stacy Drake said after the Lindows announcement. "We need to learn more about what changes will be made." However, she added, "We're pleased to see that they've changed their name to one that does not directly infringe on our trademark. As we've said all along, this case and our issue with Lindows have always been about the name."

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How can Lindows be a copyright infringement of Windows ? Admittedly it's barely a phoneme different, but so is Windys. And Widows. And One Doze.

Microsoft is too aggressive in it's defence of the Windows product name.

Microsoft also seem to think that Joe Public struggles through life with a mental agility slightly less than that of a glass of water. I mean we are actually capable of distinguishing one similar name from another. You're hardly likely to pop out for a beer and come back with a bear. Or go to marry Brenda and then suddenly forget the name of your intended and marry Brendan as a best guess.

I wonder why glass manufacturers have not sued for infringement of the term "windows"

The only things that the two products have in common are when you put too much pressure on either they crack or break, then ya got to replace them with new improved windows, that are just as weak as the earlier version.

I can see the US courts siding with Lindows.

I'm trying to find a link on UM about a teenager who microsoft sued for having a site called Mikersoft (or very similiar) in that one I'd say the lad came out on top.