Intel moves against Psion for 'Netbook' trademark

Intel has filed for a declaratory judgment against Psion Teklogix in order to continue using the term "Netbook" generically. The legal filing also revealed, as a separate matter, that Google would prohibit search advertisements that include the term "netbook."

Psion Series 5 was launched in 1997

(Credit: Psion)

What's the difference between a Netbook and a notebook? More than the design, according to Psion Teklogix.

Psion "purports to be the owner of U.S. Trademark Registration No. 2404976 issued on November 21, 2000 for the mark Netbook for use in connection with laptop computer," according to an Intel legal filing in the United States District Court for the Northern District of California.

Not surprisingly Intel and others, including Dell, don't agree.

"Our view is that the term 'netbook' is a widely used generic term that describes a class of affordable computing devices, much like the term 'notebook' or 'ultra-mobile PC,'" Intel said in a statement Wednesday.

Intel continued: "In order to continue to use the generic term 'netbook' we filed the case. We're asking for a decision to clarify that the use of 'netbook' does not infringe anyone's rights."

Psion Teklogix, which describes itself as a "provider of mobile computing solutions," has been sending cease-and-desist letters to manufacturers, retailers, bloggers and others since December claiming the trademark. Before it became Psion Teklogix, Psion PLC made handheld "organizers" in the 1990s whose tiny clamshell design resembled the smallest Netbooks offered today by Asus or clamshell mobile Internet devices (MIDs) offered by companies like Compal and OQO (see photo).

Part of the Intel counter-claim is that the chipmaker believes that Psion did not use the Netbook trademark on laptop computers for five consecutive years following the date of registration in 2000--apparently a legal requirement. Mostly because Psion's mobile computers did not succeed in the market and were discontinued, according to Intel.

Intel cited a letter in its suit from Psion's legal counsel that asserted that "Intel aided, abetted and otherwise induced manufacturers and retailers" to "use the term 'netbook.'"

The Intel suit for a declaratory judgment also cited the fact that Google informed Intel that it "would prohibit all advertisements that include the term 'netbook' in the ad text." This was the result of a legal action by Psion against Google that "had the immediate effect of effectively ending Intel's (and all others') ability to advertise the netbook category of computers via search engine marketing."

[markbn]

"How do they dare to try to stop us from using their copyrighted name to profit abundantly". Signed: Intel

[skillingssucks]

You don't know what you're talking about. Psion did not start defending its "right" to the term "netbook" until just this past December. People have been using the term "netbook" to refer to small laptops for a couple of years now. Asus introduced their Eee PC in the fall of 2007. Where was Psion then? Where were they when everyone from the press to consumers began calling these things netbooks? If you don't defend a trademark and it becomes part of common speech, then you lose it. Psion is just hoping it wins the "lottery" here.

[biffc]

You make Psion sound like some small company no one ever heard of.
They created the Symbian operating system used by the majority of cell phones.

[dagwud]

It's a trademarked name, not a copyright. And trademarks expire if you don't show an interest in using them. It's one of the reasons why companies pursue trademark infringement so vigorously.

[BigGuns149]

That is the big issue I see with the suit. Since they stopped selling devices using the netbook trademark they are going to have issues with this suit. I wouldn't be too surprised if this suit gets thrown out.

I am all for the little guy winning legal suits against larger and wealthier corporations, but I don't think that they have a case.

[dfrossar]

Here's the history of Psion's netBook trademark registration: http://en.wikipedia.org/wiki/Psion_Netbook#The_.22Netbook.22_trademark

Since the registration occurred in 1996, Psion would seem to have a leg up legally on the recent makers of "netbooks." However, the Wikipedia item also notes alleged previous uses of the term netbook going back to 1989. I'm not sure that, if true, this would constitute "prior art" as it might in a patent-infringement suit, but at least it will complicate the issue and make sure lawyers are well-fed.

[slickuser]

I think $$$$$$$ will make psion happy

[TheGeekReview]

Netbook has become a genericized trademark like Cola, Xerox, Jell-O and Escalator. Since they did start fighting for the name till after the name become popular I doubt they will win. (but i've been wrong before)