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.

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