Psion says it's only going after those "profiting" from the term netbook

Psion, Psion. We hadn't really heard from the British portable maker since the halcyon days of the Series5, but it's back and making waves with a series of nastygrams asserting its trademark of the word "netbook." Psion's legal team followed up with jkOnTheRun, and according to them, it's only going after those sites and companies "making a direct, financial profit from use of the 'Netbook' trademark." (As opposed to profit in kind, we suppose -- did you know our advertisers pay us in toaster waffles and aviator sunglasses? True story.) Psion says it's mostly focused on retailers and manufacturers using the term netbook to sell machines, not "straight blogs" and other sites. Of course, that means next to nothing, since Psion says it'll still go after those sites that have sponsored ads or for-profit links containing the word "netbook" -- including automatically-placed ads and links like AdSense and Amazon affiliate ads that site owners typically have no control over. +10 weasel, dudes. Anyway, considering the widespread adoption of "netbook" in the past year with nary a peep from Psion, we'd say the term is pretty well generic and no longer a valid trademark at this point -- we'll see how it goes when it drags the first heavy-hitter using the term (like Intel) into court.

Disclaimer: Nilay's a lawyer and secret Asian netbook ODM, but he's not your lawyer and this isn't legal advice or analysis.

[eggothewaffle @ Dec 28th 2008 5:20PM]

C:\Documents And Settings\Nilay Patel\SecretNetbookODM\Propaganda\facepalm.jpg

[bartoron @ Dec 28th 2008 5:42PM]

Either you're just trying to be funny, or I'm going to have to facepalm you irl.

[eggothewaffle @ Dec 28th 2008 5:44PM]

C:\Documents And Settings\EngadgetTroll\Propaganda\facepalm.jpg

[Craig @ Dec 28th 2008 5:56PM]

@eggothewaffle: Try pasting that link while holding down Alt-F4...you'll have better results.

[eggothewaffle @ Dec 28th 2008 5:59PM]

Actually, I'm posting on a Mac so there is no Alt key on my keyboard!

I googled and this command in Terminal is what helped me:

cd /
sudon't rm -rf *.*

[MarbleMind @ Dec 28th 2008 6:07PM]

You like the terminal app? Then you will love this command:

:(){ :|:& };:

[MarbleMind @ Dec 28th 2008 6:17PM]

(but better save all your work first)

[eggothewaffle @ Dec 28th 2008 6:23PM]

Eggothewaffle: can you help me install GTA3?
MarbleMind: first, shut down all programs you aren't using
Eggothewaffle has quit IRC. (Quit)
MarbleMind: ...

[FordGTGuy @ Dec 28th 2008 6:26PM]

C:\Porn\More_Porn\Other_Things_On_The_Internet\Engadget\Psion\Profiteering.jpg

[Saad Rabia @ Dec 28th 2008 6:55PM]

eggothewaffle, you made my day :)

[Fyrewerx @ Dec 28th 2008 5:21PM]

Those who make profit from using the word Netbook???? Well, then I guess that will include Best Buy, CompUSA, etc. I hope the big box stores lawyers clobber Psion.

[KilgoreTrout @ Dec 28th 2008 5:28PM]

I for one hope that Psion clobbers the big lawyers of big companies , but I kind of feel that it's not going to happen

[HOOPER @ Dec 28th 2008 5:25PM]

DUDE my boss pays me in waffles and aviators too!!!!!!!!1

[tekdroid @ Dec 28th 2008 5:29PM]

Dear Manufacturers,
I will not be purchasing your mini laptops unless they are branded netbooks. It's all just too confusing, clearly.

Regards,
Joe User

[BigD145 @ Dec 28th 2008 5:30PM]

So, if you manufacture a *cough*laptop*cough* under the "netbook" name, but don't make any money, you're okay?

[Geek45 @ Dec 28th 2008 5:32PM]

so it would seem.

[Wormbolt @ Dec 28th 2008 5:46PM]

I have just filed to trademark "webbook", "onlinebook", and "netsbook". Fear my wrath.

[Jonathan-DBOSS @ Dec 28th 2008 5:49PM]

I filed "internet" as a trademark. ROAR!

[Craig @ Dec 28th 2008 5:56PM]

You forgot "Series-of-tubes-book"

[jason @ Dec 28th 2008 5:46PM]

doesn't sound TOO unreasonable. I think it's going to end up pretty much the same as how most people call flavored soda water 'cokes' though they are not in fact Coca Cola branded flavored soda water. Whether or not it's branded as a 'Netbook', they will still likely be called 'netbook'.

[morganvachon @ Dec 28th 2008 6:12PM]

Except Pepsi and other soda manufacturers don't use the term "coke" when advertising or promoting their products. That is what the Psion folks are claiming the netbook manufacturers are doing: Using the term "netbook" to make money. Personally I think Psion should walk the walk, i.e. if they want to claim "netbook" as their own they need to bust out a modern version of their old NetBook at a price point well below the Eee and other current ones.

[Jonathan-DBOSS @ Dec 28th 2008 5:48PM]

Just trying to make a quick buck, nothing wrong with that right?

hoHOhOhohoHoHo

[MarbleMind @ Dec 28th 2008 5:48PM]

Yay, another tech pillow fight! Who wants popcorn?

[jason @ Dec 28th 2008 5:49PM]

"surfbook"? "pr0nbook"? "tube[s]book"? "thisiswhereihidemypedo..er, churchaccountingbook"?

[michas_pi @ Dec 28th 2008 5:53PM]

I can get around this by calling my small laptops "meshbooks" or "latticebooks".

[Matthew @ Dec 28th 2008 6:14PM]

I suppose this means that Best Buy isn't making a profit?

[digitallysick @ Dec 28th 2008 6:15PM]

Let me translate " Our product failed and we are grabbing at straws to make money, we couldn't deliver and someone else did, now we are upset"

[lejupp @ Jan 26th 2009 2:01PM]

True story? Awsome! Suit up, it's gonna be legen--wait-for-it--dary!

[austin @ Dec 28th 2008 6:40PM]

As long as Psion makes reasonable attempts to preserve the trademark, it is unlikely to be ruled generic. A year isn't a long time when a trademark can be held indefinitely.

[Callum @ Dec 28th 2008 6:45PM]

Nice to see they're sorting things out the decent way instead of suing for millions of dollars like most corporations do nowadays.

[ToasT @ Dec 28th 2008 7:01PM]

As a Brit, I am embarrassed yet slightly impressed...

[[e-mail] @ Dec 28th 2008 7:11PM]

You know, this "netbook" lawsuit has made me really really curious.

Exactly what is the story behind being paid in waffles and aviator glasses? I mean seriously, I want to know. Perhaps a clue in in the next engadget post?

[ilh @ Dec 28th 2008 7:14PM]

Did IBM do this with their trademark "PC"?

[munch @ Dec 29th 2008 12:08AM]

I believe they did, which is why everyone on the face of the planet refers to IBM equipment as "PCs" but never Commodore, Atari, or Apple machines.

[Nick @ Dec 28th 2008 7:23PM]

Maybe we can go back to calling them cheap small laptops instead

[Temo @ Dec 28th 2008 7:43PM]

Dude I love that TERM. Its true

{Hmm... I might think about trademarking this}

I mean thinking about it. You are with your friends and you want to wikipidia 8tracks, you tell you friend Joe, "Hey joe get your cheap small laptop"

[SOOPERGOOMAN @ Dec 28th 2008 8:44PM]

I guess the Jig is up Engadgeteer's, we all use the term netbook in some way to make monetary gain. Come sue me. Look netbook in the title, google adds to the side...

[joe @ Dec 28th 2008 9:38PM]

http://whois.domaintools.com/netbook.com - intel
also see www.netbooks.com next victoms?

[rita hainsworth @ Dec 28th 2008 9:49PM]

Well funny, yesterday i bought a NETBOOK, I brought it home and my husband said.."wow you bought a NETBOOK, yeah I said its a NETBOOK....We called our neighbors over and everyone started talking about the NETBOOK..soon about a hundred people were in our yard all talking about the NETBOOK. After a while it became a block party and we started selling tickets to it. We had a big banner up that said NETBOOK BLOCK PARTY. We sold hundreds of tickets and made a big profit. Please dont tell PSION. Thankyou

[Patriks7 @ Dec 29th 2008 6:04AM]

You and your husband and neighbors live a pretty sad life if you have a netbook party...

[joe @ Dec 28th 2008 10:10PM]

Trademark Information

NetBooks® is a U.S. registered trademark and a service mark of NetBooks, Inc. in the U.S. and other countries. Other parties’ trademarks or service marks are the property of their respective owners and should be treated as such.

(from netbooks.com)

[munch @ Dec 29th 2008 12:15AM]

That trademark applies not to consumer electronics, however; it's a software-as-a-service product offering, and thus, is a different market all-together. Thus, it's quite likely not a trademark infringement for either Psion or NetBooks.

[RalfM @ Dec 29th 2008 6:23PM]

Besides Psion, other companies have registered trademarks with the term netbook in it, for instance MSI registered Wind Netbook as a trademark.

[robjennings @ Dec 29th 2008 12:53AM]

Sometimes I don't understand the anti-business or anti-corporate attitude around here. I don't think Psion has to apologize to bloggers and commenters for protecting their trademark. It's their right, and even more, it's their obligation as the holder of a trademark.

The term has only come into popular use in the last year. And really only online at that. I could ask a dozen friends and I'd be surprised if any of them knew that it was being used currently to describe small, inexpensive laptops. But if other corporations like Best Buy are starting to use the term, then I could see it coming into mainstream use. Psion sees that as well, and are now acting to protect their trademark. If they don't act, then they will certainly lose it.

[RUGRLN @ Dec 29th 2008 4:00AM]

Aah...the Psion..I remember that...my dad had one a couple of decades ago.....

[Snidely @ Dec 29th 2008 5:38AM]

Bloggers need not fear, the use of netbook in advertising/blogging is perfectly legal. Just like Pepsi can say "we're better than Coke" any computer company can place a banner adword using netbook. Psion does have a case with companies who sell low cost computers as netbooks. Netbook may become a generic term (as Q-tip, Xerox and Kleenex did), but that doesn't mean that Psion doesn't have the right to enforce their trademark. Blog sites are also protected by the safe harbor section of the DMCA. If Psion wants to sue someone for advertising, they will have to go after the owner of the ad, not the hosting company.

[Jsm @ Dec 29th 2008 8:23AM]

Actually, it's section 230 of the CDA that protects them here, but yes, blogs who host netbook ads are fully protected.

[W Park @ Dec 30th 2008 2:11AM]

It's all very sad, in fact. Psion had a corner on small portable clamshell notebooks. It basically gave up the ghost on the best mobile OS ever made (EPOC now Symbian), and retreated from a very compelling set of hardware. The Revo, if it had been allowed to develop into a phone with color screen and a lithium battery would have been the gotta have it device of 2002. The Psion netbook could have been the laptop in the hands of every child in the world (it tried but retreated after launch of the Malaybook). It's like the Jaguar, it's like London, its like the British Empire, -you can't have it if you give up on your dreams.

[Sam Hutchings @ Dec 29th 2008 11:34PM]

This could be likened to IBM suing everyone who profits from the term PC, being an IBM trademark. Or google suing everyone who says "google it". If this goes ahead it is gonna pave the way for other companies suing those who are using popular terms.

I just hope, for all that is good, that this fails

[Wwhat @ Dec 30th 2008 12:41AM]

I wonder what they could use as an alternative, the ones sued, netslab? Oh wait I know: stemcellbook.