Newsflash: Intel counter-sued by Psion in “netbook” trademark lawsuit; jury trial demanded
http://blog.savethenetbooks.com/2009/03/newsfla…

StN

Organic growth has to start somewhere but it seems even Intel have toned it down a bit with all this going on – check out http://www.netbook.com/

StN

All are Psion….

Have you never heard of Symbian? That is a direct descendent of the Psion OS used in the devices above. It was originally called EPOC but symbian was just a development of EPOC.

Ok so they were much larger in Uk and Europe but still they were pretty big once upon a time. They pretty much do devices for the vertical markets now. Not sure it is all to do with how much money psion could make but they could release a mini laptop and call it a netbook (as they own the trademark). Also if Intel want to use the trademark they should have bought it off Psion.

If it was for a totally diffrent type or class of device I agree but the netbook and netbook pro (although Epoc and Windows CE) were mini laptop style devices.

John

http://sumocat.blogspot.com/2009/02/how-to-kill…
http://sumocat.blogspot.com/2009/02/you-want-co…

Although the market was small I was aware of the Netbook and Netbook Pro long before the term Netbook was used in connection with the current crop of mini laptops.

Not saying what is right or wrong as I do think the term netbook is a nice one, just pointing out the 2003 date being passed about all the web is wrong and the possible unforseen circumstances.

You may say the term grew organically. I seem to remember a presentation (may have been by intel or MS) about a new class of device. I think they called it a Netbook as they do like to give each new device class a name.

So not 100% sure it is organic growth. I think someone came along from a company with the name netbook and it caught on.

To sum up I am not on anyones side. Just writing some additional details that seem to be getting missed.

John

Even if not abandoned as such, the mark can no longer serve as a trademark as it fails to act as a source identifier (e.g. you don't think “Psion” when you hear “netbook”). This is called genericide and it happens from time to time, though in this case not because the mark grew “too popular” ala cellophane, etc.

And finally there is the issue of making false swarn statements (e.g. fraud).

So there's no “cost” as such, the only potential cost (borne by other manufacturers and ultimately consumers) is if Psion were allowed a monopoly over the term.

StN

However they replaced it with an updated version called the Psion Netbook Pro (win ce version) which was manufactured and sold quite a while after this.

Think you'll find a few people looked up the dates for the original Netbook and assumed that is when the line stopped but in fact it didn't.

Wouldn't bank on intel or dell winning. After all why should they? If you are a big company and wanted to create a new class of device, and came up with a name “netbook” would you not at least google it or check if it was someone elses in the same market?

I know we all like the term but if Intel or Dell get away with it just wait and see hwo long it is before they start stealing other things and won't care as they will expect they can out-money people in court and lawyer costs…

Would love for this class of device to be called Netbook but can't justify the cost of intel/dell getting away with this.

Yes in other words, this can take years to run its full course – -
Search the history of SPAM – which still hasn't had a “final” decision.

But if Intel wants to succeed, they need to file first with the Trademark
Appeal Board. The district courts do not have Trademark jurisdiction
until the TAB has refused something for the final time.

Been there, tried that.
Intel's move is only publicity, not one that will work.

if that is broke, go to:
http://ttabvue.uspto.gov/ttabvue/

Enter: “Netbook” in the “Mark” box, press “search”
Result: Cancellation Pending