In the Microsoft v. Lindows.com case, U.S. Chief District Judge John Coughenour ruled that a jury must decide whether "windows" was a generic term twenty years ago (when Microsoft released its first Windows product.) The court certified this ruling as one concerning a controlling question of law for interlocutory appeal.
Law.com: Judge Cracks Hold on Windows Trademark: Lindows.com attorney Daniel Harris asks whether it is valid to "create a trademark by buying a word out of the English language?"
AP: Microsoft trademark case to be delayed
(via How Appealing)
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