RSSSo that's why we can't call it 'netbook:' Intel suit exposes a trademark dispute
By Tim Conneally | Published March 3, 2009, 12:51 PM
Intel filed suit against "Netbook" trademark holder Psion Teklogix late last week, hoping to free up the name for all the companies which make products in the unofficially named netbook device class. Intel contested that Psion Teklogix, a British company that makes handheld computers, hasn't made its trademark netbook in six years, and in that time, the term has become generic.
The company struck back at Intel with a countersuit of copyright infringement and unfair trade practices. Over the weekend, documents detailing Psion's counterclaim were released, where the company claimed it continues to sell its "netBook pro" product well into 2009. Note: the device in question is located in the discontinued products category, and the spec sheet is a fake link.
If you thought I was attached to the term "netbook," a campaign called Save The Netbooks has been keeping a vigil for the term -- which it claims is something of an endangered species -- as it is debated in court.
The dividing line between spectators of this case has already formed. One side sees it as a "David and Goliath" type of battle, where the smaller company's rights are being stomped upon by industry leaders; and the other side sees it as a small company that got a lucky trademark and is milking it for all it's worth. The "Save the Netbooks" campaign appears to fall in line with the latter.
Absurd - Intel/Dell should make a one-time, take it or leave it 100K offer to Psion for the trademark.If Psion turns it down - then adopt another moniker such as: neatbook, smallbook, tinybook, greenbook, hackbook, badbook, catbook, dogbook, geekbook, gottabook, sullybook, bamabook, flatbook, topbook, starbook, inetter, netwin, netgrabber, gonet, hellonet - something, anything - then get on with it already - sheesh.
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|unfortunately, trademarks are only protected in their jurisdiction because there is no international trademark law or protection.
as far as we care, netbook is a generic term that can be used by anyone and anywhere in the world except for britian, where the trademark is protected.
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netbooks are as generic as laptops and notebooks. perhaps, the owner of the notebook trademark should suit the netbook people for using their notebook technology.
perhaps, intel should register and allow thier merchants to market intelabooks, since the intel processor is almost as big as the netbook they are in.
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|That isn't entirely true; trademarks aren't really a formal legal construct as much as a widely accepted convention with a body of case law to back it up. That case law does deal with international trademark issues.
What really matters is what markets you operate in. If Psion has sold the product in the US, or even if users brought them in and there was significant press coverage, the trademark would be established in the US. Remember, that registering a trademark isn't supposed to make any difference in terms of its legal status; you just have to use it.
On the other hand, once something has become a generic term (or if it always was too generic), the trademark is no longer enforceable. That is close to the case with 'netbooks', but I'm not sure if owners use the term as much as the press and marketers.
A trademark is also lost after a period of disuse. If Psion's hasn't been in use for years, they will lose it. The very fact that it is on their site (even if under "discontinued"), could help them keep it, locally, but maybe not in the US if it had no other presence (vendors, ads, PR, etc.).
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|I find myself split down the middle. On one hand, here's a small company that rightfully marketed a product very similar to the current iteration several years ago that legally trademarked the name. So, I believe it's theirs! BUT if the product isn't really even around anymore (they claim it still is and that they still sell it, but that they're out of stock, etc...to me != discontinued, but w/e) then why are they doing this? This is my problem on this side. On the other side, here's Intel and Dell - who really have no right to use the term at this point, but are fighting to use it. They're essentially strong arming a small company out of a trademark that they essentially and legally own, which I don't think is fair.
In the end, if Psion REALLY has a product out there that they're actively selling and supporting, no matter how small the market is for it, I believe that they are somewhat in the right - not 1.2b in the right, but in the right nonetheless.
If Psion is trying to milk the situation, ie they really just got lucky and have no such product currently being produced, then something needs to be worked out. Either get paid for the term or release it otherwise so it can be used. I still don't feel that it's entirely fair but such is life.
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