Dell files to strip "netbook" of trademark status

Well, you knew this was going to happen: Dell's filed a petition with the United States Patent and Trademark Office requesting that Psion's "netbook" trademark be canceled. It was only a matter of time before something like this happened, of course -- the word "netbook" is in such widespread usage that Psion's nastygrams are unlikely to have any meaningful impact, and the company's weasely claims that it was only going after those "making a direct financial profit" basically guaranteed it was chasing after one of the big players. Word to the wise, Psion: it's almost certain that you'll lose this legal battle, but the PR war is easily won -- and coupled with an interesting product, like, say, an all-new Ion-powered Psion Netbook, you could actually come out way ahead. Think about it, won't you?

[Via thegadgetsite]

[Dee Posted Feb 19th 2009 3:43PM]

How many times do I have to say "netbook" before it becomes a generic word and thus loses it's trademark status?

[(Unverified) Posted Feb 19th 2009 4:19PM]

Sorry, but Microsoft does have a trademark on the word "Windows", but only barely.
It was almost deemed in court a couple of years ago that Windows was a generic term

This is one of the precedents that Dell is using in the cancellation
of the trademark. If they can 'prove' to a certain extent that the
term netbook is an easily generic term and can be used without
bringing in a reference of thought of Psion's product, i.e. Zamboni
is still a trademark because when used, there is little confusion as
to what you are referring to; where when you say Windows, without
further context you may be referring to the windows in a house, the
OS, or a windowing technique inside the OS (Lindows' argument - remember, they pretty much won, they just didn't have enough patience... and $24 million is hard to turn down)

The fact that until now I myself have never heard of Psions Netbook
and that the first thing to come to mind myself was those little
laptops that aren't laptops, and that I'm not the only one leads me
to believe that Psion has little chance of preventing netbook from
being declared a generic term - especially seeing as how this situation is almost the reverse of Windows v Lindows except for some details that have a possibility (though minor in my opinion) of posing as an obstacle to Dell's suit.

[(Unverified) Posted Feb 20th 2009 2:14PM]

You have almost no clue what you're talking about. The term Windows isn't "almost generic" because when you say it the windows in your house or the windows on a computer come to mind... it's almost generic because the "windows" we are talking about, i.e. those on a computer, are no longer associated with Microsoft, but rather to every operating system that uses them

And the fact that "netbook" is in danger of becoming generic because of widespread trademark infringement doesn't automatically mean Psion loses, as long as they were enforcing the mark, which they were.

[(Unverified) Posted Feb 19th 2009 4:49PM]

The original Psion products rocked! If they released a new generation of the Netbook, with a decent processor and proper operating system; I reckon it'd sell pretty well. I'd buy one.

[David Topping Posted Feb 19th 2009 5:51PM]

"Word to the wise, Psion: it's almost certain that you'll lose this legal battle"

Eh what? Prior usage. Continued usage. Demonstration of active defense.

In US law I admit I wouldn't want to call this, in English or Scottish law I'd call it a win. Now. Without trial.

Whether it's worth winning is another question, worth defending, given Psion's history... probably... Ok maybe barely but that's thier choice.

Yes I am a Psion fanboy (although that should probably be Fangeriatric), I have a Series 3, 3a, 5 and 5mx and always liked Potters scientific instruments or nothing.

More important is the idea that if you've invested in a brand or idea you should be allowed to benefit from it. If not then can I call my badly made, skanky, barely working telecomm's device an iPhone or will Apple sue me?

[David Topping Posted Feb 19th 2009 5:55PM]

Hell yes!

If someone could take the form factor of the series 5mx and put a colour screen on it, a good phone and processor etc (sort of Touch HD level) then I'd queue (form a line) just to touch it. I'd probably commit a crime to actually be allowed to buy it.

[nickcraze Posted Feb 19th 2009 6:00PM]

Since we all know Engadget is a bunch of dumbfounded iDiots, if Psion can't keep their trademark on "netbooks" can we go ahead and strip Apple of putting a i on every i product ever develop? I mean i do all kinds of shit that anybody deserves to use any product with an i on it. So if i want to create a iNotebook and a iPoop and i shit with my iAss can we just make sure that it would be wrong to associate i with any Apple product. I just think iDeserve to have any company call any product iNeed be personalized with iEverything!
And please any name that rhymes with i a Apple product should also be free to use... like iTouch myself and iMulti Touch my private.

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