Netbook trademark owner claims Intel violating Cybersquatting law.
Last month I warned about registering domain names with “netbook” in them. Although the term is generally thought of us an inexpensive laptop used for accessing the internet and for light computing tasks, a company named Psion has a trademark to the term for computers. It has sold a laptop called Netbook.
Recently, Dell (NASDAQ: DELL) filed to have Psion’s trademark stripped due to non-use. Then Intel (NASDAQ: INTL), which is a key player in the netbook market by providing chips, jumped on the bandwagon with Dell. Intel owns Netbook.com. Intel acquired the domain name in 2008 and it currently forwards to Intel.com.
Psion has counter sued and requested that Intel hand over the domain name Netbook.com, writes the blog SaveTheNetbooks.com (link removed because no longer active). The claim is based on the anticybersquatting law that is frequently used to sue cybersquatters for $100,000 per violation.
SaveTheNetbooks.com was launched to help “save” the name netbook from Psion’s trademark claims.
This will be an interesting case to watch. It’s not everyday you see a Fortune 500 company alleged to be cybersquatting.
Michael Kassing says
All things being equal, if they didn’t use it but claimed to have used it; they are toast……..with butter and a bit of jam.
Further, Dell’s, Dana C. Jewell, is not new to this and would not file if she did not have a good faith belief that there was non-use.
If Dell does win, Netbook has become generic and as such no one can register the TM. Ought to be a fun fight to watch!
Michael Kassing
MarkTend.com
Andrew Allemann says
Michael, Psion did use the term and sold a product. Dell and Intel are arguing it has been abandoned.
Michael Kassing says
Andrew, I have been reading your blog for a very long time now and I know that you know one must continue to use a trademark to gain and keep rights in the mark. It is not sufficient that the company service the discontinued goods (http://www.psion.com/products/discontinued-products.htm) but rather they must do more to have a continued interest in the mark.
That being said, dell could make a simpler argument that the term “NETBOOK” has become generic of a class of goods. Psion did not do a very good job at protecting its trademark from being used in a generic manner. If they were paying more attention, by say using a service…..*Cough,Mark,Cough,Tend*….. that searches for infringement then they might have avoided this situation.
Even if they did use the mark in commerce and did not abandon the mark they WILL lose to the generic argument. This is a done deal and I am willing to bet a nondescript cola beverage……*Cough,Coke,Cough*… on that.
Cheers
Michael
Andrew Allemann says
Michael, I agree with you. I just thought you were saying they never used the trademark. I think Psion was just hoping for Intel to buy the trademark from it.
Michael Kassing says
I just don’t see that it has any value even if they did use it in commerce (in the US). I am also went back and actually read the TTAB filing and Dana did get the Generic argument in to cause 3.
First and second causes will likely lose but the evidence of netbook being generic was fairly high when I……..*Cough,Googled,Cough*…… used a leading internet search engine in a non-generic manner.
So I revise my bet to specifically limit the cause that wins to number 3. Are you taking?
Andrew Allemann says
Michael, how long does it take for a term to turn generic? It seems like “netbook” hasn’t been a popular term for that long. Maybe popular in small circles. By that measure, I’ve been “googling” thins on Yahoo for quite some time…
Michael Kassing says
Most of us have been “googling” for quite some time; but your question is a bit more nuanced then a direct answer. For example, Psion is non-US based and they do not have as much cash as Intel and Dell combined; ergo their mark will become generic quickly. Contrast with Google and things being “googled” or (I,we,He,She,They) “google it”; they have a pile of cash and are the 1,000 pound gorilla in the middle of the table that no one wants to mess with; takes a long time to turn generic.