Dell challenges Psion’s ‘netbook’ trademark
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Dell has issued a petition to cancel Psion’s trademark, citing the following:
- Psion claims that it began offering laptop computers under the mark Netbook in
approximately 1999. - Upon information and belief, Psion is not currently offering laptop computers under the
Netbook trademark. - Upon information and belief, Psion intends not to resume bona fide use of the Netbook name in the ordinary course of trade.
- Psion has abandoned the “Netbook” mark.
Fraud was also cited, as a senior product manager for Psion apparently claimed that the company had been actively using the term for its notebook computers even though it had not. “Genericness” was another reason – Dell claimed that many companies (Dell, HP, Lenovo, Aver, ASUS, Sony, Sylvania, Samsung, MSI, LG, and Fujitsu) have all been making netbooks and, as such, the term has become generic.
According to the documents, the status of Psion’s trademark application is “Cancellation Pending,” so it appears the term will soon be fair game.
The Save the Netbooks blog also sent the following message to Google, with an appeal to have the “netbook” Adwords ban lifted:
From: Save the Netbooks
Date: Thu, Feb 19, 2009 at 2:10 PM
Subject: Public complaint about “NETBOOK” trademark subject to pending cancelation
To: Google Advertising Legal Support TeamDear Sir/Madam,
Psion Teklogix’ “NETBOOK” trademark is now the subject of a Petition for Cancellation[1] filed by Dell Computer, Inc. on the basis of:* Abandonment
* Genericness and
* FraudAccordingly we believe that it is inappropriate that a ban be maintained on a term over a trademark which is now clearly unenforceable, knowing that many businesses (including Google’s) are being harmed the entire time this ban is in effect.
Save the Netbooks
http://www.savethenetbooks.com/1. http://ttabvue.uspto.gov/ttabvue/v?pno=92050564&pty=CAN&eno=1
[via PC Advisor]
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