Windows v Lindows - have Microsoft won the battle only to lose the war?

摘要

"Windows" is one of the most instantly recognizable brands in the world - its success has been truly phenomenal. It is, not surprisingly, registered as a trade mark virtually worldwide. But are these registrations valid or is "Windows" a generic term which should not have been registered? This case note discusses the current trade mark litigation between Microsoft and Lindows.com. The question is important as trade mark registrations are (subject to payment of registration and renewal fees) perpetual monopolies which can be used to prevent others from using the same or similar trade marks for the same or similar and, in some cases, dissimilar goods or services to those protected by the registration. Words or terms which are generic cannot be registered as trade marks — they must as a matter of public policy be available for use by all.