Lindows Backs Out of IPO
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Lindows announced Wednesday that it has postponed a previously announced IPO (initial public offering) of its common stock due to adverse market conditions.
Lindows Inc., which is the process of changing its name to Linspire as part of a worldwide settlement reached in its trademark infringement case with Microsoft, is keeping its S-1 registration statement on file with the SEC (Securities and Exchange Commission). Because of this, the company may still proceed with an IPO later.
The San Diego-based Linux vendor has had a colorful history. It was the first company to target mass consumers with a combination Linux operating system and PC package. Its $199 Lindows PCs were first sold at Wal-Mart in 2002. Today, Lindows and its hardware partner, Microtel Computer Systems Inc., still offer Lindows PCs at Wal-Mart and other resellers for prices in the high $200s.
The company has drawn praise for its innovative Click-N-Run Warehouse, which enables new Linux users to easily download and install programs from a large catalog of software applications.
This was a huge loss for Microsoft, Glenn Peterson, an intellectual property attorney and shareholder with Sacramento, Calif.-based law firm McDonough Holland & Allen PC, said at the time.
"Combined, these statements by the judge make it indelibly clear that if Windows is found by the jury to be generic prior to November 1985, then it cannot be the subject of trademark protection under any circumstances," Peterson said.
Peterson was right.
Microsoft and Lindows announced July 19 that they had reached a $20 million settlement in their trademark fight, with Lindows agreeing to changes its name globally to Linspire and Microsoft granting it rights to a limited, four-year license to unspecified Windows Media components, which Lindows intends to include in its newly renamed Linspire operating system.
Microsoft agreed to pay $15 million by Aug. 15 and then make a second payment of $5 million by Feb. 1, 2005, in exchange for Lindows handing over a set of "Lindows" domain names to Microsoft, according to the filing. For now, though, Lindows will work with this money in hand.
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