Comments on: Psion Wants Intel’s Netbook.com Under Cybersquatting Statute

By: Domain Name Wire » News » Netbook.co.uk Domain Name Goes up for Auction - The Domain Industry's News Source

Wed, 08 Jul 2009 19:36:46 +0000

[...] maker Psion had claimed trademark rights to the term netbook, but has since struck a deal to allow the term to be used. Intel owns the [...]

By: Demandan a Intel por ciberocupaciÃ³n | Dnzapping

Demandan a Intel por ciberocupaciÃ³n | Dnzapping — Sat, 07 Mar 2009 06:05:00 +0000

[...] Domain Name Wire) Noticias Relacionadas Otro dominio genÃ©rico premium acaparado por una gran empresaThunayan [...]

By: Michael Kassing

Michael Kassing — Mon, 02 Mar 2009 23:31:14 +0000

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.

By: Andrew Allemann

Andrew Allemann — Mon, 02 Mar 2009 22:42:57 +0000

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…

By: Michael Kassing

Michael Kassing — Mon, 02 Mar 2009 22:35:04 +0000

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?

By: Andrew Allemann

Andrew Allemann — Mon, 02 Mar 2009 22:10:43 +0000

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.

By: Michael Kassing

Michael Kassing — Mon, 02 Mar 2009 22:06:16 +0000

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