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People with experience in software wouldn't likely confuse the two pieces of software. But most people think "computers" and stop there. Most people visiting an app store would see "Windows" for 99 cents, buy it, then complain when it wasn't Microsoft Windows. They wouldn't read descriptions, and they don't know what an operating system is.

Confusion. Microsoft is very likely to prevail in the infringement lawsuit.




Those products would not conflict there isn't a giant category called computers and further you can't just take a generic word out of the English language and take possession. Apple is a generic word for example but not in computer technology.

This matter has even already been litigated. Microsoft Windows is a valid trademark, Windows is not defensible.

Please see lindows aka linspire.


That case was settled and a decision from a court was never reached. That is pretty far from claiming a Windows trademark is indefensible.


Microsoft's claims were rejected by the court, which asserted that Microsoft had used the term windows to describe graphical user interfaces before the Windows product was ever released, and that the windowing technique had already been implemented by Xerox and Apple Computer many years before. Microsoft sought a retrial and after this was postponed in February 2004, offered to settle the case. As part of the licensing settlement, Microsoft paid an estimated $20 million, and Lindows, Inc. transferred the Lindows trademark to Microsoft and changed its name to Linspire, Inc. [0]

Oh yeah, it seems like M$ were on the verge of winning that appeal, and only discontinued (and paid Lindows a multiple of its annual profit) out of pity.

[0] https://en.wikipedia.org/wiki/Linspire




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