http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/ Engadget Comments for http://www.engadget.com/media/feedlogo.gif http://www.engadget.com en-us Copyright 2012 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
It's kinda funny because I thought the general feeling was that rarely do trademarks become generic. Yeah, sure, the US Government took "Aspirin" from Bayer during WWII, but no matter how many people call an ice resurfacer a "Zamboni", Olympia still can't call their ice resurfacers Zambonis.

So what gives? Why is this a slam dunk? Why did snurfer have to be replaced by "snowboard" in widespread use and sailboard by "windsurfer" while Psion is automatically expected to lose this battle?]]>Feb 19th 2009 1:39PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:52PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:53PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:57PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:28PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
to go back to your comment. I believe that Bayer waiting several years before enforcing their right to the term aspirin for that particular chemical compound. which is why the Government called foul.
net]]>Feb 19th 2009 2:32PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
If Psion had a website up with info on the Netbook (even just driver downloads) for the last 5 years, Dell is going to have a tough time saying Psion abandoned the mark.]]>Feb 19th 2009 2:38PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 3:55PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
A quick look at Psion's website shows that they still sell accessories and provide drivers for their Netbook products:
http://www.psionteklogix.com/public.aspx?s=us&p=AccessoryCatalogue&aCat=all&page=1&pMod=48

The Patent Office has denied patents from companies like MSI already, for products like the "WIND Netbook".

I wouldn't be sooo sure that this is a guaranteed loss.
]]>Feb 19th 2009 3:55PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
While they may not have the best case, they have a decent argument that "netbook" is a suggestive term that gives Psion automatic trademark rights, which it sounds like it is enforcing. This is far from "almost certain that [Psion will] lose."]]>Feb 19th 2009 1:39PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:49PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:52PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:57PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:59PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:16PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
WTF?]]>Feb 19th 2009 3:01PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
What is that quote about asking a lawyer, “Can I sue?” Yes!]]>Feb 19th 2009 11:50PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Don't be a sheep. Think for yourself.]]>Feb 20th 2009 1:07PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
@kjb - this is absolutely a news site... I hold bloggers who act as reporters to the same standard I would hold anyone reporting on things they claim to be experts on. People rely on engadget's analysis (god knows why) and for that reason they should actually think before they state something with authority.]]>Feb 20th 2009 2:03PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Suggestions:
Mini-note
Mico
Pocket book
Trapper Keeper
Cloud book
Quick book

Netbook doesn't even have a clear meaning anyway. A laptop that connects to the internet? I have a 1997 laptop that can connect to the internet, is it a netbook too? ]]>Feb 19th 2009 1:49PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:57PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:03PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Geesh!]]>Feb 19th 2009 2:03PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:33PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:34PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:53PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:56PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Uh, duh. ]]>Feb 19th 2009 3:21PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
'netbook' is a solid term. It makes sense... it's not wanky like other tech terms (podcasting?) and it has an inherit meaning: "Internet Notebook".

Yes your 10 year old laptop could could connect to the internet but that does not a netbook make. Netbooks are *optimised* for Internet use, which means less power, storage (and therefore longer battery life), more durable, etc. They don't have to be smaller (in fact a *large* screen is better for Internet than a small one) nor cheaper (expect netbooks that are both cheaper and more expensive to come out this year).

Sam
]]>Feb 19th 2009 3:22PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 6:01PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Registrant:
Intel Corporation
Domain Admin
2200 Mission College Blvd
Santa Clara, CA 95054
US
domainadmin@intel.com
+1.4087658080 Fax: +1.4087656071

Domain Name: NETBOOK.COM
Registrar of Record: Corporate Domains, Inc.

Administrative Contact:
Intel Corporation
Domain Admin
2200 Mission College Blvd
Santa Clara, CA 95054
US
domainadmin@intel.com
+1.4087658080 Fax: +1.4087656071
Technical Contact:
Intel Corporation
Host Master
2200 Mission College Blvd.
Santa Clara, CA 95054
US
hostmaster@intel.com
+1.4087658080 Fax: +1.4087656071

Domain servers in listed order:

NS1.INTEL.COM
NS4.INTEL.COM

Created on..............: 24-Sep-08
Expires on..............: 24-Aug-13
Record last updated on..: 29-Sep-08

]]>Feb 19th 2009 1:54PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:29PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
My point is that for a company to complain about their trademark usage by other companies like they are, and not to have registered the domain, which was apparently available up to September of last year, is just stupid.

It doesn't look like they've done a whole lot to protect their trademark. Looks like they were waiting for deep pocket companies to start using it then sue them for a payday. It's the Monster way...]]>Feb 19th 2009 2:32PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 1:57PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:01PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
with a trademark you merely have to protect it. if you go around letting folks publicly use your term over and over (especially several groups) and you say nothing then you are implying that you don't care and it's cool with you. so then if you suddenly turn around and scream foul, the courts will often laugh you out.

in this case it looks like 'netbook' was trademarked in 2000. so how long since then has the term been used by other companies and even blogs without being used to reference said company and products. and when did said company scream foul. heck just the fact that they publicly said they are only going after those actually making money could hurt them because it makes their motive look like pure greed]]>Feb 19th 2009 2:39PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 20th 2009 2:05PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
But I do have to say if they did come out with a true Netbook of their own other than that silly thing from the 1980's it would be a stroke of genius and it would make total sense. But somehow I think they're not that smart...]]>Feb 19th 2009 2:23PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 21st 2009 8:39PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:17PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:24PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:25PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:36PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:58PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
Don't talk about things you don't understand.]]>Feb 20th 2009 2:09PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
That aside, when the term "netbook" came back into popularity in the last year or two, it was completely independent of and in no way referential to Psion's products. Since then, it's become a universal term for a type of product and broadcasted that way ad nauseum by almost every tech blog, manufacturer, etc.

My point was, I think Dell's argument that Psion has essentially abandoned their own Trademark and that it has no bearing on the current use of the term "netbook" now is, if not air-tight in court, common sense. It's bringing some much needed relevance to the table.

As to your other replies, this is definitely NOT a news site. Blogs like Engadget take tech news (most often from other sources: press releases, etc.) and commentate on them. If you don't like the commentary, you don't have to read - but don't go around belittling the bloggers and other people who reply.]]>Feb 20th 2009 2:46PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 2:57PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/Feb 19th 2009 3:05PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/This is about money really.

Doesn't Microsoft have trademark on the english word : Windows?

It's completely ridiculous in the first place that 2 common place words when compounded together can even be trademarked in the first place.

netbook is a new word, that's it, end of story.]]>Feb 19th 2009 3:30PMhttp://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/http://www.engadget.com/2009/02/19/dell-files-to-strip-netbook-of-trademark-status/
So yes, Microsoft has a trademark on Windows. But only because they have deep enough pockets to keep anyone from getting it invalidated.

This case could honestly go either way. Generally to invalidate a trademark you need to show that a word was in common use before the trademark was filed, or that the word has been in common use for a long period of time with no affiliation to the trademarked product. "Netbook" came in common use after the Psion product was trademarked, and has only been a generic term for a year or so. So the judge could go either way and it would be a reasonable decision, IMO.]]>Feb 19th 2009 3:59PM