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stories about: "psion"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
netbook, trademark

Companies:
intel, psion



Psion Gives Up Its Trademark Claim On 'Netbook'

from the hopefully-it-didn't-cost-too-much dept

Late last year, Psion kicked off a ridiculous legal fight, claiming that it owned the trademark on the word "netbook" and all of the companies offering "netbooks" today were infringing. While it is true that Psion had a (very different) product called a netBook many years ago, it had stopped offering it in the market, and the generic use of "netbook" was clearly referring to the new generation of small/cheap computers, having absolutely nothing to do with Psion's netBook. The whole purpose of trademark law is to avoid confusion of customers or some sort of misappropriation of brand value built up by the holder of the mark. That clearly was not the case here at all... and yet Psion continued to fight on. This week, the company finally withdrew its trademark claim after reaching some sort of "amicable settlement" with Intel. In all likelihood, this means Intel paid Psion to go away, though, one can hope that enough trademark attorneys explained to Psion that the company had almost no chance of succeeding in pushing its claim forward. There are certainly plenty of borderline trademark cases, but it's difficult to see how this one would even be in the same zipcode as a legitimate claim.

5 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
netbooks, trademark

Companies:
intel, psion



Psion Not Going Down Without A Fight Over The Netbook Trademark

from the this-won't-end-well dept

Late last year, Psion kicked off an attempt to reclaim the "netBook" trademark the company had largely abandoned years earlier, now that it was suddenly popular for reasons that had nothing to do with Psion's old discontinued netBook product. After making a big stink about it, both Dell and Intel moved to have Psion's trademark cancelled as abandoned. However, Psion is fighting back, not just with a response to the request to cancel, but with a lawsuit against Intel on a number of different fronts. Psion is claiming unfair business practices and also challenging Intel for "cybersquatting" on the netbook.com domain name. Of course, given that Psion was selling its product long before Intel had the name, you have to wonder how that's cybersquatting? Shouldn't Psion have tried to acquire the name back when it actually mattered? In the end, it seems like Psion is spending an awful lot of money to try to get the goodwill put into the "netbook" name by others over the past year and a half. It's a pretty obvious abuse of trademark law that hopefully a court will slap down.

7 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
netbooks, trademark

Companies:
dell, psion



Dell Asks Trademark Gods To Dump Psion's Netbook Mark

from the hope-it-works dept

It looks like the effort to save the "Netbook" name from Psion's rather weak attempt to reclaim the trademark after abandoning it for about six years has picked up some corporate support. Dell has filed a petition with the USPTO, asking it to cancel Psion's trademark, noting (accurately) that Psion hasn't used the mark in commerce for six years and failed to properly defend it, thus effectively giving up the trademark. Psion will undoubtedly fight this, but it's difficult to see why they should be able to keep the trademark on netbooks, considering the company has had nothing to do with the current success of the term.

5 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
netbooks, trademark

Companies:
psion



Effort Underway To Save The Netbook Name

from the good-for-them dept

You may recall that Psion is waging an uphill battle to try to reclaim the term "Netbook." It is true that Psion had a product called a "netBook" (note the capitalization) which was marginally popular in Europe nearly a decade ago. But, it went away. It's also true that Psion still holds a trademark on the term -- though, you'd be hard pressed to show how they're using it in commerce, considering they stopped selling netBooks years ago. The current popularity of the term has to do with a new category of devices, and has absolutely nothing to do with building on the work of Psion. But that hasn't stopped the company from aggressively asserting its right to the name, demanding manufacturers and others stop referring to what is commonly known as netbooks as netbooks, and even getting Google to ban the use of the word "netbook" in ads.

It looks like some are fed up with this, and have begun a campaign to Save the Netbooks, noting that the name has reached a point that it's generic, and that the success of the term has nothing to do with Psion, but is entirely separate from Psion. The group points to a legal analysis of why Psion probably has no right to the term, and wants to drum up more support to get Psion to stop its misuse of trademark law. No one buying a "netbook" today is confused and thinking they're buying an old Psion product. It's about time that Psion back down and give up the term. After all... they already gave up the term a while ago. Trying to reclaim it now is simply trying to grab the value that was built by others.

25 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
ads, adwords, netbook, trademarks

Companies:
google, psion



Psion Gets Google To Ban 'Netbook' In Ads

from the doesn't-look-that-way... dept

Late last year, we wrote about Psion's attempt to reclaim the word "netbook." Years back, the company had a marginally popular product with that name -- though it no longer offers such a product. The company was apparently upset at the commercial use of the word "netbook" which is commonly being used to describe cheap, small laptops like the EeePC. jkOnTheRun now has a story -- direct from Psion PR -- claiming that Google has agreed to block Google ads that use the term after recognizing that Psion has a trademark on the term.

Of course, advertisers can still advertise using the keyword "netbooks" but are apparently barred from actually using the word in the advertisement itself. So a search on "netbooks" still shows ads -- just none of those ads say "netbooks" anywhere. Thus, if you look at the netbooks search, you see all the ads refer to things like "mini notebooks."

This seems pretty pointless all around. As much as Psion may wish it still holds onto the name of a product it stopped selling years ago, the term has become generically accepted as referring to this generation of small and cheap notebook computers. Psion has had nothing to do with the current value in the word, and its attempt to take back control over the word it abandoned years ago is not, at all, what trademark law was intended to allow.

16 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
netbooks, trademark

Companies:
psion



Trademarks And Netbooks

from the which-way-do-we-go dept

I've been considering buying myself a "netbook" recently -- the mini-notebook computers that have become quite popular in the last year or so. As was recently discussed, such mini-notebooks have been around for years, but have finally figured out how to hit that right sweetspot that makes them worth buying in large numbers. I'd been following the various products on the market to try to figure out which one to get, but I realized recently that I had no idea where the whole "netbook" classification had come from. The Asus EeePC got plenty of attention when it launched about a year ago, and then there were plenty of follow up machines -- and somewhere along the line they all got lumped into the "netbook" category.

There's one company that isn't pleased at all: Psion.

For mobile computing geeks -- especially those in Europe, the Psion netBook was quite well known for years in the early part of this decade, as offering a pretty decent tiny computer, that (for whatever reason) never was much of a hit in the US. Either way, Psion gave up on the product somewhere along the way, but retains the trademark on the name, and caused a bit of a stir last week by sending out some cease and desist letters about the use of the term, noting (correctly) that it owned the trademark. There was some confusion over reports that some of these letters went to blogs and enthusiast sites, but the lawyers representing Psion were quick to clarify that most of the letters were sent to manufacturers and retailers -- with just a few that went to sites that actively ran advertisements for "netbooks."

Psion is probably in the legal right here -- though, there's a decent chance that they're too late on stopping the netbook name from becoming generic. While Psion claims that it still sells accessories for netBooks, it really doesn't sell the actual netBooks any more, so going the legal route seems a bit pointless. Why not capitalize on the trend by trying to sell products for today's netbooks, while noting that it was the original netbook maker. Rather than trying to keep the term tied to a dead market, why not use the fact that Psion was an early player in the space to help build up its own cred in today's market? The strategy of trying to get the world to use a different name, while legally correct, just seems short-sighted overall.

21 Comments | Leave a Comment..

 
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