United States - Dell enters the fray over NETBOOK
By Latest news
February 24 2009
Computer manufacturer Dell
to cancel the NETBOOK trademark in a hot dispute that is ripping through the technology industry.
Dell's petition for cancellation alleges fraud, abandonment under Section 14 of the Lanham Act
and genericness under Section 23. Dell argues that Psion Teklogix
, the Canadian company that owns the registration for NETBOOK in Class 9 of the Nice Classification
, "is not currently offering laptop computers under the NETBOOK trademark... [and]... intends not to resume bona fide
use of the Netbook name in the ordinary course of trade". Dell adds that although Psion's senior product manager had sworn that his company had used the mark for five years after the date of registration, this was not the case and that the claim was thus fraudulent.
Chip manufacturer Intel
has meanwhile sued
Psion, calling for cancellation of the NETBOOK mark and a declaration of non-infringement related to Intel's use of the term.
Psion's attorney described the dispute as "really fascinating" but would add nothing further. Neither Intel nor Dell would comment on the dispute. But James Kendrick, author of leading mobile technology blog JK On the Run
, confirmed that the term 'netbook' has become generic in the industry. "I would say that the tech community by and large wants to keep using netbook as is," he said. "It does not agree with Psion's position."
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