Intel Also Wants to Set "Netbook" Free
It seems that Dell isn’t the only one looking to strip Psion of its “netbook” trademark. Now Intel’s part of the liberation party.
The Courthouse News hosts a copy of the legal filing from Intel (PDF) with a complaint against Psion for its apparent trademarked term of “netbook.” Intel states that the term “netbook” is now adopted by consumers to refer to notebook computers that are “small, inexpensive, and contain less processing power, making them optimal for connecting to the internet (or ‘net’).”
Intel believes that the term “netbook” is now generic and that the court should cancel Psion’s trademark.
With the likes of computer giants Intel and Dell so motivated free the term “netbook” from the grips of Psion, one has to figure that it’s only a matter of time.
Intel and Dell need to come up with some new term and whine elsewhere...
The question is whether the term "netbook" becomes a legally descriptive word, making is no longer the property of the creator. Examples of this are aspirin, brassiere, cola, corn flakes, granola, kerosene, tabloid, thermos, trampoline, yo-yo and zipper.
There are companies which still hold their registered trademark, despite being commonly used to describe the product in general, such as Band-Aid, Breathalyzer, Coke, Dumpster, Frisbee, Hi-Liter, Kitty Litter, Laundromat, Ping-Pong, Popsicle, Post-it, Q-tip, Scotch Tape, Sheetrock, Styrofoam, Super glue, and Velcro.
The problem is that the legal trademark holder, Psion, currently has no intentions of marketing or manufacturing a product with the name "netbook."
Quoted for the truth.
Skine - at first I disagreed with the removal of the trademark, but your simple and logical argument has convinced me otherwise. Unless Psion demonstrates it is going to manufacture a product or product line using the term netbook, they should be stripped of the trademark - in my opinion without compensation.
Now, to file for the trademark typinc...
It looks to me like Psion was one of the first to enter the low-powered, portable Internet and Productivety device market, and that someone probably saw their Netbook, and used the term netbook to describe the similar products that were released in the last couple years. That's like saying "Kleenex" shouldn't be a trademark, just because everyone asks for a kleenex when they want a tissue. Or that Xerox should have to change their company name just cause everyone makes xerox copies instead of photo copies. I have to switch my opinion and side with Psion on this one.
Should Psion lose its trademark? Sure if they have no plans on using it. But that doesn't excuse the actions of the others who didn't take the proper steps before hand to use the term netbook. Psion really should seek compensation of such actions.
That's like me saying that i bought a toaster, but if i dont use it, i have to GIVE it back??? to hell with that, it's mine, i'll paint it any color i want!!! DAMN THE MAN PEOPLE!!! START A REVOLUTION so that fat-cats do not bully people around!!!
As hellwig pointed out, they DID produce a Psion Netbook in 2003. They produced a product and trademarked the name BEFORE Dell or Intel decided they also wanted to use said name. What else would you have them do to protect their marketing name?
With a horribly broken patent/trademark system in the U.S. (an inventor actually got a PATENT on a 'time machine' based on junk physics that wouldn't even work) this may be a rare example of a company who is not sitting on registrations trying to just make money sueing people for using their name.
I'm actually more glad that Dell and Intel are both challenging the trademark, in the case that one of them tried to take the trademark for themselves.
If this did not happen there would be no terms/words left to use…. Everyone would trademark names just too maybe one day cash in.
It is not a bad idea for Intel and Dell to dump some cash into a kitty for a new name and advertising… They could make the term netbook irrelevant.
I am trade marking “Fugly”
If I remember correctly, it was reviewed and commented it could fit well on the small coffee shop tables while drinking your latte....
Asus really marketed the small laptop as an EEE PC and now it will use the EEE name for a line of lower cost desktop and laptop computers coming down their pipeline.
So really, netbook term is the "Xerox and Kleenex" of today.
Reality is the proper term for these laptops should be Microbooks or Mini-Subnotebook. Although it is not as catchy as netbook, it seems to be the wrong term.
Most consumer believe "netbooks" are only good for Internet and email which is completely false. It run all applications very well with the exception of games and high cpu hungry applications.