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Google Sued Over Chromebook Name

Posted by samzenpus on from the warm-up-the-litigation-cannon dept.

nk497 writes "A PC maker is suing Google over the Chromebook name, saying the brand infringes on its own computer, the ChromiumPC — which was originally intended to run the open-source Chrome OS. Isys Technologies wants Google and its partners to stop marketing Chromebooks, and is hoping to delay the 15 June launch. The company also claims that Google had originally been planning to call the netbook-like devices 'Speedbooks.'"

18 of 116 comments (clear)

  1. Google hardware? by arisvega · · Score: 2

    Google makes their own hardware? Niceeee...

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    1. Re:Google hardware? by quickgold192 · · Score: 2

      In case you weren't joking, (and for those who don't know,) they do, and they've been doing it for a while.

    2. Re:Google hardware? by somersault · · Score: 2

      I think it more likely that they're using this for cheap advertising. Even if they're not, that's the overall effect.. I'd certainly never heard of ChromiumPCs before :P

      Bit strange that they're suing Google for creating a product with a name too similar to a product with a name based on another product that Google created..

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    3. Re:Google hardware? by zwizzlemydizzle · · Score: 2

      Unlike patents with non practicing entities, isn't it a requirement for trademark if I recall correctly?

      Pretty much, but not exactly. "Use" or "Intent to Use" (in commerce) are the two basis for trademark, and the latter essentially provides you with 6 months to enter the marketplace. Surprisingly, that actually makes sense, as it lets people protect names as they set out with a business or product, rather than have to wait until after the fact.

    4. Re:Google hardware? by AJH16 · · Score: 2

      I think it is also ironic that ChromiumPC is atleast as close to ChromeOS or Chrome as ChromeBook is to ChromiumPC and I'm pretty sure that Google has the trademark on ChromeOS. If I was Google, I'd be suing the crap out of ISys for violating the ChromeOS trademark.

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    5. Re:Google hardware? by teslafreak · · Score: 2

      Wow. That's not even remotely what I took away from his comment. He was making (I assume) a joke to the effect that it would be difficult to mistake one for the other. Since that very type of mistake is what this is about, it is a pretty absurd lawsuit.

  2. Chrome OS by Andrewkov · · Score: 2

    Wait a sec, Google made Chrome OS. Are they trying to hijack the name or what? LOL!

  3. It may be Chrome... by Neil_Brown · · Score: 2

    ... but do they have a cast iron defence?

  4. Read to the end: Google is strongarming them by Rogerborg · · Score: 2

    Zenger claimed Google delayed Isys' trademark registration until it could launch its own Chromebooks last month, "thereafter demanding that Isys cease and desist using its ChromiumPC mark and abandon its application for registration".

    Now, that's a bit different from the "Tiny launched bizarrely quixotic suit against Google hoping to make some fast bucks" implied by the headline, isn't it?

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    1. Re:Read to the end: Google is strongarming them by TheCRAIGGERS · · Score: 2

      I'm curious how Google delayed their trademark registration. Now, I've never filed for a trademark, but I always had the impression that you filled a trademark at a government office, not at Google HQ.

      Now, it may be that they had to license the 'chrome' trademark from Google, in which case isn't it completely up to Google to allow it or not? Regardless, it's not like "Chromebook" is that far of a stretch for Google to decided on.

      Hell, if I were Isys, I would be jumping for joy that somebody could even possibly mistake my model name for something made by the tech behemoth that is Google. I'm sure it wouldn't hurt your possible sales.

    2. Re:Read to the end: Google is strongarming them by Rary · · Score: 4, Informative

      I'm curious how Google delayed their trademark registration. Now, I've never filed for a trademark, but I always had the impression that you filled a trademark at a government office, not at Google HQ.

      I've also never filed for a trademark, but a trademark, unlike a patent, apparently, isn't just automatically granted because you filed the paperwork and paid the fees. There is a process where the details of the trademark application are made public, and third parties have the opportunity to submit comments and criticisms of the trademark application if they feel it is not a valid trademark. It is possible, although I'm only guessing here, that this is what Google did.

      Here's Wikipedia's explanation of the process:

      Third, and after the examination of the mark has concluded with no issues to be addressed or an applicant has responded adequately to an examining attorney's concerns, the application will be published for opposition. During this 30-day period third-parties who may be affected by the registration of the trademark may step forward to file an Opposition Proceeding to stop the registration of the mark. If an Opposition proceeding is filed it institutes a case before the Trademark Trial and Appeal Board to determine both the validity of the grounds for the opposition as well as the ability of the applicant to register the mark at issue.

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  5. Publicity... by RdeCourtney · · Score: 2

    I'm sure that this move was made not because the company thought it was going to win, but merely to garner additional publicity. I'm sure they'll pull out early (that's what she said).

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    1. Re:Publicity... by donotlizard · · Score: 2

      I wonder what the actual cost difference is between investing in proper marketing/advertising and suing Google and getting free advertising as a result.

  6. Does trademark derivation affect ownership? by swillden · · Score: 2

    This is interesting. Both ChromiumPC and Chomebook are obviously derived from Chromium, ChromeOS and Chrome, which are trademarks owned by Google. If someone trademarks a term derived from my trademark before I create a new trademark derived from my trademark, can that someone really claim that I'm infringing?

    I realize this gets complicated by the fact that trademarks are specific to market categories, so it's not infringement to create a derivative (or even duplicate) trademark in a different market space. But the PC space is awfully closely related to the PC operating system space... I would think that Microsoft would stomp all over someone trying to market a WindowsPC brand, and that the courts would support them because it would create market confusion.

    In short, to my non-lawyerly eyes, I would think Isys is more at risk of having the court shoot down its ChromiumPC mark than Google is of losing its Chromebook mark.

    Maybe the suit is just Isys' way of snagging some free publicity for their product. Heck, for that matter, Google might even be willing to play along for its own share of that free publicity, though that seems very non-Googley to me.

    (Disclaimer: I'

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  7. Re:Chromium trademark by Kulfaangaren! · · Score: 2

    They already did in 2008 apparently ... http://www.trademarkia.com/chromium-77980388.html

  8. Re:Are you ritawded? by Jahava · · Score: 2

    Ummm, Chrome /= Chromium, right? So while the names are similar, and the devices are similar (both netbooks/laptops), what drives them is technically different.

    This article discusses Chrome/Chromium , Google's browser-centric operating system. Google owns trademarks on "Chromium" (the contested word).

  9. There may yet be another hat in the ring... by John+Pfeiffer · · Score: 2

    Doesn't R. Talsorian Games have a trademark on 'Chromebook' for the series of cyberware and gear compendiums for the Cyberpunk 2020 RPG?

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  10. Liars? by flimflammer · · Score: 2

    FTA:

    Isys said it filed for tradmark registration of the ChromiumPC name in June 2010, receiving interim approval in October 2010, and claimed to have been using the name for 18 months. Google first announced the Chrome OS in 2009.

    Isn't it a bit of a stretch that they apparently used that name with the intent to run Google's OS nearly a year before news of the OS even went public? You'd think lying on these kind of documents would nullify the registration.