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Judge Orders Microsoft to Remove Java-Compatible Logo

Court order temporarily bars Microsoft from using Sun%squots Java-compatible logo on IE 4.0 and Software Developer Kit.

By Torsten Busse and James Niccolai, IDG News Service   

Sun filed the lawsuit against Microsoft last October, claiming the software giant violated its licensing agreement with Sun because its Internet Explorer 4.0 and Software Developer Kit for Java do not comply with the specifications Sun had laid out for Java. Microsoft then countersued.

In a court hearing last month Sun asked U.S. District Judge Ronald Whyte to bar Microsoft from using the logo until the case is decided. The judge agreed with Sun today and issued a temporary injunction barring Microsoft from using the steaming coffee cup logo on its products.

%dquotThe judge ruled that Sun Microsystems is likely to win based on the merits of the case,%dquot said McNealy, who made his remarks during an impromptu visit to the press room at the JavaOne show. %dquotNote that I say %squotlikely.%squot We still have to go through the whole due process of the case.%dquot

The judge%squots ruling is a victory for Sun and for Java because %dquotthis is what the whole case was about,%dquot McNealy said. %dquotWhen you see the Java logo you%squotre supposed to know that it%squots 100 percent pure Java, that it%squots a Java compatible product. That%squots the whole premise.%dquot

A Microsoft spokesperson said the company will comply with the ruling.

%dquotThis applies only to the logo and will not prevent us from continuing to develop products,%dquot said Microsoft%squots Jim Cullinan, adding that Microsoft will comply with the ruling immediately, while studying the court order to decide on possible legal options.

%dquotWe remain confident that once all the facts are presented in the larger case, the court will find Microsoft to be in full compliance with its contract with Sun,%dquot Tom Burt, Microsoft associate general counsel, said in a statement. %dquotWe are disappointed with this decision, but we will immediately comply with the court%squots order.%dquot

The judge%squots ruling is only temporary and does not represent a victory in the case for Sun, McNealy acknowledged. Observers have noted that the trial is likely to go on for months.

%dquotWe had many issues in our case and this is just one of them, but we%squotre very pleased,%dquot McNealy said.

According to a statement released by Sun, the judge said in his ruling that Microsoft%squots interpretation of Sun%squots licensing agreement %dquotwould essentially allow Microsoft to destroy the cross-platform compatibility of the Java programming environment. Sun demonstrated sufficient likelihood of establishing consumer confusion ... to entitle it to a presumption of irreparable harm.%dquot

The judge barred Microsoft from using Sun%squots Java compatibility trademark in connection with any advertisement, sales, distribution, and promotion of products %dquotunless and until each product first passed the Sun test suite accompanying the most current version of the Java technology incorporated in such products,%dquot the Sun statement said citing the ruling.

The judge also ordered Microsoft to remove all disputed products from the sales channel, or remove or sufficiently cover the Java compatibility logo, according to Sun.