Psion Responds to Intel and Dell

We’ve told you about Psion trademarking the term “netbook” and how Dell and Intel sued to prevent the trademark. The blog jkOnTheRun received an update from Psion and contains their official response.

Psion continues to sell the Netbook ® Pro computer. It’s got all the invoices to prove multi-million dollar sales in the US in 2006, and sales that continue even to this day. There’s been no abandonment of the trademark. Just because we’re not selling tens of thousands through Best Buy doesn’t mean we’re not entitled to our trademark.

VERY interesting. This definitely destroys the argument that they abandoned the trademark, but at the same time, it does nothing for Intel's argument that 'netbook' has become a household word...

Dell and Intel can afford more justice than Psion.

Well, with trademark law, it's all about what is in the mind of the consumer and the likelyhood of confusion. 99% of consumers in the market for a cheap laptop think "netbook" is a general term like "notebook" for a small cheap laptop, not a model of Psion. Just because you were first to use and it's registered does not mean that you get unlimited protection. The court will have to determine what the consumer believes a "netbook" is.

Even if they registered the trademark of "netbook" the courts can take it away if it is abandoned or could cause confusion in the marketplace or the mark is diluted. Kleenex, for example, fought really hard to keep their trademark from becoming diluted. That is why you see "Kleenex Brand Tissue" and "Xerox Photocopiers" and not just "Kleenex" or "Xerox machines" anymore.

Dell and Intel do not sell the NetBook computer, they sell a brand of mini laptops that are in the class of "netbook" computers.

Originally Posted by sfsuphysics

Dell and Intel do not sell the NetBook computer, they sell a brand of mini laptops that are in the class of "netbook" computers.

But they use 'netbook' in their advertisements and websites:
http://www.intel.com/products/processor/atom/index.htm

http://www.dell.com/content/topics/s...=19&l=en&s=dhs

And captialization doesn't matter...

it's a shame, because netbook HAS become a generic term that is being used in professional, academic, and casual-social settings. seriously. my teachers at school use the term 'netbook' to refer to small laptops that were designed for portable wi-fi access at airports, coffee shops, etc.

it will be difficult for psion to try to change the definition of a word just because they sell a shitty product with a trademarked name.

http://www.psionteklogix.com/product...d-products.htm

Looks like the netbook is a discontinued product.....but they are still selling it?

Personally, I think it sucks for Psion. Dell and all the other "netbook" manufacturers should have done their homework to make sure that it didn't conflict with an existing trademark name. I know nothing about the company, but if they have in fact continued to sell a product that was trademarked with the name "Netbook" than who gives a shit what the general population would find confusing. The general population is a bunch of morons anyway

I guess this means I can go out and start selling a product called an iPod and Apple can kiss my ass since it doesn't mean shit that they might have trademarked the name before hand Or better yet, I'll create a soda that tastes like horse urine and call it Coke. Heck, down here in Texas everyone calls every type of soda Coke anyways, so obviously the general population don't equate Coke to a specific brand...

Originally Posted by p4gs

it's a shame, because netbook HAS become a generic term that is being used in professional, academic, and casual-social settings. seriously. my teachers at school use the term 'netbook' to refer to small laptops that were designed for portable wi-fi access at airports, coffee shops, etc.

it will be difficult for psion to try to change the definition of a word just because they sell a shitty product with a trademarked name.

Yes, but that is no different than the earlier examples given by fuelvolts, "a Xerox" is common term used for copy machines, and copies, used in every day speech by many people. The same is true for Kleenex and tissues. Xerox and Kleenex still gets to keep their trademarks, Psion should as well. Let Intel, Dell and the others call their product NetTops or something.

Originally Posted by Eickst

http://www.psionteklogix.com/product...d-products.htm

Looks like the netbook is a discontinued product.....but they are still selling it?

Wow. You read the psion webpage but not the article.

Quote from Psion rep from article.
"So the facts are that, although manufacture has been discontinued, sales in the US and EU have not. And its continuing sales that are important to preventing a trademark from becoming abandoned. We’ll of course be setting the record straight in our court filings. Incidentally, manufacture of the Netbook ® Pro had to cease prematurely not because of any lack of demand. It was because supplies of a replacement for a specialised chip controller could not be found – the Netbook ® Pro had very sophisticated power management, given it 8 hours of runtime and 10 days in standby, as well as instant-on (still an amazing feature in a laptop). "
~~~~~~~~~~~~~~~~~~

It will be interesting to see how this plays out. I'm not sure if Psion does or does not have a case. If Dell was selling the "Inspiron Mini 9 Netbook" versus "Inspiron Mini 9" and calling it a netbook in the description, Psion might have a stronger case. I believe this will all come down to the use of the word "netbook" as a descriptive noun or as a proper noun.

Originally Posted by Eickst

http://www.psionteklogix.com/product...d-products.htm

Looks like the netbook is a discontinued product.....but they are still selling it?

LMAO one of the discontinued products on that page is rockin Windows 95. Everything on there looks to be designed in the late 80's.

That lame excuse that because someone stopped making one specialized chip they couldn't continue making their beloved Netbook, but of course they have plenty in stock. I bet anything they overmade the product, discontinued the product because it wasn't selling and had a ton left over that they just happened to make a deal on in 2006 to some vendor just to get rid of them. Then all of a sudden Netbook becomes the word and now they want people to stop using it because it's a trademark. I think discontinuing a product should be grounds for termanating trademarks.

Originally Posted by GORANKAR

Yes, but that is no different than the earlier examples given by fuelvolts, "a Xerox" is common term used for copy machines, and copies, used in every day speech by many people. The same is true for Kleenex and tissues. Xerox and Kleenex still gets to keep their trademarks, Psion should as well. Let Intel, Dell and the others call their product NetTops or something.

While people do refer to other products by major brand names, things have become quite diluted in the technology world. From my standpoint a NetTop would be a mini desktop designed for internet access, just short of a dumb terminal. NetBook would be a portable version of said NetTop. I doubt they'll win the battle to keep their name. If they were poll a 1,000 people, most would probably say a Netbook is a 'mini-laptop' (not a brand), some would probably not have any idea what one is, and a small percentage may get it right. So I don't think they have a leg to stand on anymore.

Originally Posted by farscapesg1

Personally, I think it sucks for Psion. Dell and all the other "netbook" manufacturers should have done their homework to make sure that it didn't conflict with an existing trademark name. I know nothing about the company, but if they have in fact continued to sell a product that was trademarked with the name "Netbook" than who gives a shit what the general population would find confusing. The general population is a bunch of morons anyway

I guess this means I can go out and start selling a product called an iPod and Apple can kiss my ass since it doesn't mean shit that they might have trademarked the name before hand Or better yet, I'll create a soda that tastes like horse urine and call it Coke. Heck, down here in Texas everyone calls every type of soda Coke anyways, so obviously the general population don't equate Coke to a specific brand...

Well iPod is such a common name now, you probably could. I worked for Circuit City and I would always get asked where the iPods were. When I attempted to help them they would ask for the sub $50 jobs... meh. Obviously not an iPod.

Well, if I want a "cola" I just think "Coke". Does this mean Coke should loose it's trademark?

If Psion looses "Netbook" then Coke should loose Coke.

How about kleenex?

Or even better, band aid. Surely, there is NO doubt that "Band Aid" is more ubiquitous than "Netbook", I don't even KNOW of another term to use to ask for a band aid ~ "bandage" is too vague.

Originally Posted by lord_farfig

While people do refer to other products by major brand names, things have become quite diluted in the technology world. From my standpoint a NetTop would be a mini desktop designed for internet access, just short of a dumb terminal. NetBook would be a portable version of said NetTop. I doubt they'll win the battle to keep their name. If they were poll a 1,000 people, most would probably say a Netbook is a 'mini-laptop' (not a brand), some would probably not have any idea what one is, and a small percentage may get it right. So I don't think they have a leg to stand on anymore..

By the same token, ask 1,000 people what a Zerox is. More will answer "it's copier" than will answer "it's a corporation that makes copiers under that brand name."
I do doubt that Psion will get to keep their TM, because Intel and Dell can afford more attorneys, rather than actual merit.

The product is still being sold, it is an extremely similar product to the Dell/Intel offerings, and they did not just file for the trademark in an attempt extort monies. So they should get to keep the TM til they have sold through inventory and continue to not produce any more NetBooks.
Dell/Intel have the money to end this quickly. I would guess that Psion could easily be paid off. I wonder if they will go that route or whether we will instead see a couple years worth of wasteful litigation.

Once a term passes into ubiquity and becomes associated with a given type, style, or class of product, then it becomes something that's a bit hard to hold on to.

Unless you're Apple of course, as we all know "iPod" means any and every mp3 or portable audio device on the planet now...

Xerox and Kleenex have gotten to keep their trademarks because they fought to keep them. That's what this company is doing as well. Can't fault them for that. If they win, we can still call them netbooks, the only difference is Dell and Intel can't call them netbooks in their advertisements, just like Puffs can't put Kleenex all over their box.

its the same thing with how Adobe has tried to push away from the term 'photoshopped' and have said to say 'edited using Adobe Photoshop(tm) software)

Well in the late 90's, "Voodoo card" was a household name for 3d accelerators whether they were made by 3dfx, Nvidia, Matrox etc. but 3dfx still got to call their cards Voodoo. There are many other examples. I'd say let them keep their trademark. We can always invent a new word for the netbooks. Of course the way justice works in the land of the free, those with the most money always win so Psion will probably loose the trademark.