"Windows" on Trademarks

The use of "Windows" can be both a reference to a branded product sold by Microsoft Corp. or a reference to a type of personal computer operating system with a specific form of user interface. The latter is a factual reference, describing a capacity or function. The former is a commercial reference intended to link the product with its source.

You don't need Microsoft's permission to indicate that a product operates on or with Windows. If you make a factual reference to Windows, establishing interoperability of products, the use of the term is a "fair use" communicating a fact and Mr. Gates has no control over these references.

A trademark is a symbol used to "distinguish" a good or service. When I use Windows to identify the type of operating system I need my software applications to run on, I am not seeking to use Windows in a trademark sense. I am only communicating the fact the software I need or sell requires certain things to operate in a particular manner.

Interoperability (among a million other things) would be an incredible problem if trademarks could be used to bar references to technology as some have attempted. If you want to control

Jamie Powers
<Jamie[_at_]srgpe.com> Received on Wed Apr 16 1997 - 14:03:55 GMT