Lindows, based in San Diego, Calif., argued that it has no presence in the state of Washington, where Microsoft filed the suit, the Linux company said in a statement Tuesday.
Lindows said a hearing is tentatively scheduled for Feb. 1 on the company's motion and on Microsoft's motion for a preliminary injunction that would halt use of the Lindows name. Microsoft said the Lindows name could confuse the public, but Lindows argues that Microsoft doesn't pursue legal action against many other companies that employ "windows" or similar words in their names.
Lindows launched in October and hopes to sell a version 1.0 edition of its software early this year for $99. The company missed a deadline to release a sneak preview in December, blaming the delay on the Microsoft suit.
Lindows Chief Executive Michael Robertson, founder of MP3.com, posted a request for help from customers--those not living in Washington--who can show products using the word "windows."
Lindows said it's displeased that Microsoft, as part of its lawsuit, demanded that Lindows reveal its database of names, e-mail addresses and physical addresses for parties interested in Lindows' software, the start-up said. The company told customers of the move.