Two weeks ago we reported that Canadian company Psion had started an all-out legal offensive to protect its Netbook trademark, a trademark the company gained through its line of portable "Netbook" device, discontinued a few years ago. Dell had already thrown itself into the fight, followed not long after by Intel. Now, Psion has filed a countersuit against Intel.
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Member since:
2005-07-13
I think this is going to end pretty soon. its just a game of "who has the bigger legal budget" and "who is willing to fund this insane endevour in this economy longer" competition. The name "netbook" is not up for grabs, sorry but its that simple. use a better name and move on.
Member since:
2006-05-26
Even if it does sound funny about the value to you in your mind, Thom Holwerda, based on that counterclaim, Psion is clearly in the right from a legal standpoint in terms of owning the trademark and using it in commerce. Now, it's up to the courts to decide if they've not been as vicious as required by law about trying to defend their trademarks in a timely manner.
Member since:2007-09-06
Psion, as copyright owner, may be in the right from a legal standpoint. Even more so, they are legally obligated to bring the claims against anyone infringing on the copyright. If they don't, they forfeit the mark and it's copyright status is voided.
I'd personally like it more if Psion was going to re-enter the netbook market rather than simply appearing to use a patent troll type strategy; "hey, we used that for a line of computers we discontinued and are not producing anymore.. stop it." I get the legal requirement though.
Member since:
2005-07-12
The tech media will probably keep using the term, but everyone else, especially the OEMs, should just drop it.
Replace "netbook" with something like "mini-notebook", "ultra portable PC", "sub laptop", or the like.
"Netbook" is just a silly phrase the caught on in the media. And frankly, it's a term that is not fully descriptive of what the product really is. It's just a mini notebook, with minimal cpu/memory/storage capabilities, with built in WiFi, for low cost. The term "mini notebook" makes more sense.
Let Psion have their irrelevant trademark (which they're legally entitled to), and try to bring back to life their failed "netbook" line, and once again fail to make any money off it, and nobody will care.
So Psion wins their "netbook" trademark suits - whoopdee-flippin-do for them.
Member since:2006-02-05
Member since:2005-06-29
Member since:2005-07-12
"Yeah those really roll off the tongue as well as "netbook"."
Well then, how about "lollipop"? That kinda rolls off the tongue (figuratively and literally) ....
ooops! that's already taken!
Anyway, Psion is just being dumb, which was my main point.
The term "netbook" has been fully genericized, thanks mostly to the tech media.
The whole idea of holding a trademark is to protect a brand name that is associated with either a company or it's product. That trademark/brand name only gives value to the holder if a) it's well known, and b) it's associated positively with a particular very successful product or company.
For instance, I could say that I have a trademark on the brand name "finklehoppenklunker". But whoopee for me, nobody gives a rat's behind. But the "Google" brand name has tremendous value, because, guess what - it's associated with a very successful product/company.
But, again, "netbook" is now both common and generic, and as a trademark holds no real value to Psion specifically, because it's not, in the marketplace or in the public's collective mind, associated with either Psion or the now failed product that it was originally attached to. And if Psion wins, they'll have their nice exclusivity on the term "netbook", but won't be able to doing anything with it. By then, the media and the OEMs will have moved on to the next genericized term, like "mini-notebook", or "sub-laptop", or "lollipop", or "vibrator", or whatever.
Now, if Psion were actually successful with their original "netbook" product, and thanks to the success of that product the term "netbook" got into the common vernacular (like "Googling" the term "lollipop"), then the trademark "netbook" would have very very very high value for Psion.
But that's not the case. So Psion is just flogging a dead horse.
Edited 2009-03-02 22:18 UTC
Member since:2007-09-06
"
Anyway, Psion is just being dumb, which was my main point.
"
No, as copyright holder, Psion does not have a choice. They are legally required to fight for the valid copyright. They sunk investor's money into brand name. If they ignore it's use, they give up any claims to the copyright along with whatever finanicial expenses where tied too it.
It's not a matter of "X is being stupid because I like Y better". It's a matter of them not having a choice.
Member since:2006-10-08
Maybe this will happen just with other terms that primarily refer to a trademark (or at least a particular product by some manufacturer) and that later on got the name of a whole family of similar devices.
Examples for this are the Walkman (portable cassette player by Sony), the "Walkman-Handy" (attention, german word, "Handy" refers to a mobile phone, here, one with the ability to play MP3 audio through an earphone), the Laptop (a notebook from Toshiba, if I remember correctly), the Fön (german stuff again, an elektric hair dryer by Braun). I'm sure there are other examples that many of you know.
So, while no manufacturer will produce a device called "Netbook", customers will still be able to happily refer to this term to express what they want: "I'd like to buy a Netbook." - "Well, Sir, we have fine Subnotebooks from BigCorp over here..."
Even an abbreviation would be possible.
This is correct with many names used in an advertising manner. For example "Desktop PC" usually refers to a mini or mini size tower that nobody puts onto the desk. Here, "Desktop" refers to a PC that is not used as a server. Other interpretations ("runs 'Windows'", "comes with certain 'Office' stuff" etc.) are possible.
Technically, yes.
Member since:
2006-10-02
Psion, good luck with that. I said it two weekas agom that the term "netbook" was already bastardized and that courts usually allow the usage of a term when they are associated generically to a particular kind of product. I used as examples "fedexing" "xeroxing", etc. It almost certain the courts will agree with Intel as long as no one refers to a netbook as a "Psion Netbook"
Member since:
2006-01-14
Holding a trademark only works until it becomes know for something else. Psion didnt do squat with the trademark, and the media diluted it to the point of it being a generic term. Most people who hear netbook do NOT associate it with Psion and never have. Xerox used to be a silly little trademark too. Now its a verb.
Member since:2006-12-28
Xerox is a company name, not a trademark and it's only called a Xerox in the US. In England and Ireland, it's still called a photocopy.
But I do know what you mean and I do agree with your sentiment. The only problem is that copyright law has very little to do with sentiment.
Member since:2007-09-06
We photocopy things up north of the "Xerox"ing nation also. Sometimes we even duplicate things and in the olden-days before photocopiers, there was a green drum with smelly ink that made the class the papers where destined for a little more interesting (which, may be why I can't remember the names used for that method).
Member since:2005-07-06
Member since:
2005-07-07
Member since:2005-07-06
