Psion Accuses Intel of Cybersquatting
Save the Netbooks writes "We discussed Psion sending C&Ds late last year over international trademarks held on the term 'netbook' and Dell accusing Psion of fraud last week. Since then Intel has joined in by suing Psion in federal court. On Friday Psion counter-sued Intel (court filing, PDF). SaveTheNetbooks.com has an analysis here. Psion has demanded a jury trial, profits, treble damages, destruction of material bearing the mark 'netbook' and the netbook.com domain (among other things), claiming that they are still actively selling netbooks despite also revealing sales figures showing a minuscule market share. It seems that declaring victory may have been a little premature as it will be months before the dispute plays out in court."
Hey, if you can't make it with the quality of your product, just make sure you are in the news a lot.
I thought it originated (in its current incarnation, not the Psion one) in the tech press and tech community, not as a marketing term from Intel or Dell.
Also, are Asus not involved and if not, why not? They kicked this thing off.
cool website number :)
They did register it in the US, way back in '96; see http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75215401 for details. Off course, that won't stop a couple of other companies trying to take the trademark away from Psion... Psion also have an interesting statement at http://www.psionteklogix.com/documents/com/specSheets/Psion_Netbook%20_Trademark_%20Statement.pdf
Everything in the world is controlled by a small, evil group to which, unfortunately, no one you know belongs.
Note quite so open and shut. Trademarks must be defended at a certain level else they will be revoked. If a trademarked works ends up slipping into common usage for too long, then you end up SOL and lose it.
"People who think they know everything are very annoying to those of us who do."-Mark Twain
Non-authoritative answer:
Name: savethenetbooks.com
Address: 0.0.0.0
First time I've actually seen a website number post be worth an "interesting" mod.
Looks like netbooks may need a new name, for now... I recently did a whois search across all the prefixes and suffixes I could think of for small laptops (mobile-,mini-, -top, -book, etc.: net,com,org) All the .coms, .nets, and most .orgs were taken. Would one of you who has a short catchy one of these domains step forward to offer the name to the community?
-Ghostis
Computer Science is all about trying to find the right wrench to bang in the right screw. -T.Cumbo?
They are not there to sue
From Psion themselves:
Is Psion looking for financial compensation?
Although taking someoneâ(TM)s trademark is a serious matter, we have simply asked retailers and
manufacturers to transition to a different descriptive term over a 3 month term. We have not
sought compensation at all from any party contacted. We have no intention of selling the
âNetbookâ(TM) trademark registrations either, valuable as they may be, or of licensing them on a
for-profit basis. We simply wish to continue use of our âNetbookâ(TM) trademark, and to be free to
use it on our future products.
"Assuming around 15,000,000 netbooks were sold in 2008 at a conservative $200 per unit (and that our calculations are correct) Psion had a "netbook" market share of two thousandths of one percent in 2008 - rather low for a company claiming to hold a monopoly over the mark."
and absolutely irrelevant, especially as the sales in 2005 and 2006 show massive amounts of sales, and as they were the sole player in that market then, a 100% share. Within the past 5 years. And Intel's abuse of the trademark led to the Psion share of the netbook marking shrinking.
Psion have this one all wrapped up.
I think the industry should all stop using the Netbook name, immediately. And then take out multiple advertisements to "clear up the confusion," pointing out how much better their fully-functional micro-laptops are.
Tag line: "Why buy a Netbook(TM) when you can have a Dell?" (with proper attribution for Netbook, naturally).
And the relevance to this case would be what?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Looks to me like they are entitled to the trademark. They registered it, they used it. Intel's actions in this regard seem like they are trying to hijack a term.
This is my sig.
Since Netbook has NO MEANING anyway?
Psion will lose because they aren't an American company. Not because they don't have a case.
Well...let's see...they (Psion) could not sell enough of the product when they reportedly came up with the term "NetBook" and now that someone is selling them, they suddenly want the name to be protected because they want to capitalize on said term because it is now a buzz word. Does that make sense? Not being snarky, but just stating how it appears to me. **Disclaimer** I am not a lawyer, nor do I pay one on T.V.
"My immediate reaction is "WTF? What kind of moron doesn't make things 64-bit safe to begin with?" Linus
Meh. Call them small laptops.
Mead makes notebooks, as does Moleskine. ASUS and Dell make laptops, some of which are small.
Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
The fact that Psion themselves didn't register the netbook.com domain name and instead Intel did years later, suggests Psion itself didn't take the term netbook seriously until others gave it value.
Respect the Constitution
Well put! I suppose that is where I was going with my initial statement, but you put it in much better terms.
"My immediate reaction is "WTF? What kind of moron doesn't make things 64-bit safe to begin with?" Linus
A-fucking-men. I don't know how or when the perfectly unambiguous "laptop" got thrown out in favor of the trendy "notebook".
Anyone vote for "Webpad"?
what about "Netpad", "Webbook","Nettop" even "Surfboard" maybe?
Actually, NetTop should be an internet-add on for your TV :)
It pays to be obvious, especially if you have a reputation for being subtle.
Keep trimming off the peripherals, CPU, etc, and it will remain small.
Please read my Canon EOS tech blog at http://www.everyothershot.com
Of course, having really liked Psion's past designs, I think it would be really cool for Psion to take another crack at the (renewed) market. They have the design chops. They also have a nice non-Intel platform in the Nano. Just a thought.
Computer Science is all about trying to find the right wrench to bang in the right screw. -T.Cumbo?
So, what the submitter is saying is that because Psion has a small player with "minuscule market share", the big guys should be able to ignore Psion's trademarks.
More hypocrisy from the /. crowd.
There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
Psion came up with the term.
Psion got the trademark.
Psion made good sales up until 2007 - note this is well within the five year trademark term before it's not in use.
Psion indeed still sell remaining stock.
Intel started using the term 'netbook' in 2008 to describe the systems they were pushing that were in the exact same format as the Psion Netbook and Netbook Pro.
Psion only wanted the websites, bloggers and companies to stop using the term 'netbook' for non Psion products.
Intel's now gone too far, and Psion have had to file suit.
For other entities, they have respected the trademarks - Google has put the term on the banned list for advertisements, for example.
Thankyou.
Tag line: "Why buy a Netbook(TM) when you can have a Dell?" (with proper attribution for Netbook, naturally).
Dell had the lack of quality right, they just needed to shove it into a smaller form factor.
Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
Not sure how this was modded off-topic.
"Netbook" is a stupid name anyway. Intel, etc, should get over themselves and call them something else.
What's 'netbook' supposed to mean, anyway? Are they somehow more connected than other portables (no). Are they so un-capable of other tasks that it can only be used to connect to the internet? (Not sure that's the message they're going for).
They were using the term Netbook to sell a product before the current 'Netbooks' were even conceived, they have been selling and maintaining their Netbooks since then.
'Netbook' for budget ultraportables was coined and popularised by Intel and their partners. Although a catchy nickname and it captures the nature of the product, it's not a descriptive name in itself.
Psion have every right to go after Intel who've done all they can to associate their atom and celeron based systems with the term and are now trying to claim that it was common usage, not their marketing that came up with the term. Intel are clearly realising how they're in major danger of losing and are now spamming countersuits to put them out of business through legal fees as well as trying to spread hate for Psion through tech sites.
Well, the "have not sought compenasation" part is no longer true. Let's assume it's just out of date. The rest sounds like PR. By which I mean BS. If they just want everyone to stop using the term, they should give up, because that's never going to happen. Terms don't get removed from popular usage by lawsuits. Everybody calls them netbooks now. My father-in-law wants "a netbook so he can watch some internets" when he travels. Intel using something else now won't mean squat.
I should have been clearer - I was after facts. Perhaps you should read some of the other replies or maybe try the search engine of your choice?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
--
This comment is worded exactly as intended. Any application of lame "Fixed that for you" jokes will be "fixed for you".
Fixed that for you.
just Google 'Netbook' and the hits you get will give you a broad range of manufacturers and specs for small notebooks/laptops that can connect to the web/net. It's a generic term now trademark or not. Generic means that it's manufacturer unspecific, I might want to buy a 'hoover', Dyson, Hoover, Electrolux and DirtDevil all spring to mind. I have already made the association to more than one manufacturer of dust suckers; it's a generic term. Even re-sellers have a category for Netbooks.
If the shoe fits, it's ugly.
name, add one and become POISON.
But, if they become PRION, they could be the slurry/sludge/brown POISON to slow Intel down...
Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
Well - I have two Psion netBooks sitting here on my desk.
Made in 1999 I think, and with "netBook" on the nameplate.
Sounds like a reasonable claim to the name.
Steve
independently on how you see this trademark stuff: It's gotten really hard over the last year to search for netBook-related articles on the web. So for my personal searching Intel did harm me. I wonder if I'm the only one who is annoyed about that.
*cough* I believe you mean Asymetrix did in 1989, well before Psion in filed 1996, although they also abandoned it in 1993.
Or maybe Teknon, which filed in 1995, was granted a trademark(albeit for software industry, not hardware industry) in 1997 and still holds it.
It probably had something to do with the people who had their ball-hair singed off by extremely hot "laptops" and sued the manufacturers. The word "laptop" implies that it goes on your lap. Some lawyer probably told them to rename them...
And we're not talking about those specific instances of the trademark as they're not relevant. Still useful to know about their presence, of course, but they won't help or hinder either Intel or Psion.
Trademarks have to be defended. Psion should have raised an issue with people using the term "netbook" in media long ago. By now the value of the trademark has been distilled, and it's extremely doubtful that they can start enforcing it as a trademark after years of use as a common term.
The term netbook is synonymous with a class of product, just like Kleenex is. How many people actually ask for a "tissue" instead of a "Kleenex"? The term still can't be used to name competing products, but as a description it's tough to defend. (On the other hand I do think Scotties could get away with refering to their "Kleenex" product rather than referring to it as "tissue." Just because the public thinks of them as Kleenex doesn't mean Scotties could mention Kleenex in their advertising.)
I do not fail; I succeed at finding out what does not work.
Smaptops (TM)
(SMall lAPTOPS)
You were mistaken. Which is odd, since memory shouldn't be a problem for you
Intel and others did a bad thing by not properly securing the proper "catch phrase" branding for this sort of product.
I mean... come on Intel. Do your "due diligence" before spending a bunch of money on advertising, marketing, logos... or whatever. Did they just get into the marketing business? or what is there excuse here?
Wasn't there something about the naming of the pentium/P5 not being called the 586 in marketing because they could not copyright a number? So they moved from numbered CPU's to wording? What happened to the department looking into these things? Downsized?
*its all about the pentium.
Just because there is a good name out there and everyone likes it... don't mean you can steal it because you're a big boy.
And for those of you who say: Psion is just trying to take advantage of the situation. I say poo-poo on you. Every company should take advantage of every situation for profit when they are within their legal right to do so. Not doing so is a disservice to Psion employees and its shareholders. And there is no ethical concern here... its business. And Intel should be smarter then this.
There is little they can do now except pay this company off. I mean a small payoff percentage for trademark/copyright usage would be much greater then Psion could possibly make in profits on their netbook brands.
I will also say, that I dislike the tone of the savethenotebook link in the main article... because it implies several times that big business should have special copyright allowances due to their market share. And that aint right.
If you wanna root for anyone here... join me and root for the little guy: Psion. There right and they should not have their good copyrighted name stolen
If it was abandoned it was fair game for whoever picked it up. Because that's like what abandoned means.
However Psion did not abaondon it; they have sold products under that trademark within the last 5 years, whether you're aware of that or not.
Still, continue chanting "U-S-A-NUM-BER-1" if it makes you feel better. I know if I was a dumb fat trailer trash prickdribble it'd work for me. Huh, dem limey's wantz to steel are munny'z!
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Yeah, I read that interesting statement for which you provided a link. I noticed that they are a little cagey with respect to what product, if any, they're currently offering that uses the Netbook trademark. (Other bloggers have noted that right now, Psion mostly seems to be offering accessories and replacement parts.)
One passage caught my eye:
Well, considering that Dell and Intel both are using the term "netbook" descriptively for computers in this particular class of subnotebook computers, and considering I've seen promotional material for Asus Eee devices and derivatives calling them netbooks, I wouldn't say "few computer manufacturers" use the term.
As for brick-and-mortar retailers, did Psion bother to check out the U.S. retail landscape? Best Buy regularly calls these kinds of devices "netbooks," and their web site even lets you filter by "netbook" as one category of portable computer.
I fixed that for you.
This is my sig.