Feeds

Dell claims 'fraud' on Psion's netbook claim

Netbook convert files for dismissal

Website security in corporate America

Dell is playing hardball with Psion Teklogix, asking the US authorities throw out its claim over the "netbook" name.

The PC-giant-turned-netbook-convert filed legal documents Tuesday that asked the US Patent and Trademark Office to cancel Psion's trademark. It accused Psion of making a fraudulent claim when if filed for continued use of the trademark in November 2006, which it's now seeking to enforce.

Dell's action will sink any hope Psion had for a rapid and pain-free conclusion to the case. It had given OEMs and retailers until March 31 to stop using the name "netbook" in reference to non-Psion machines.

Dell's action, though, means the USPTO's lengthy trial and appeals process has been kicked started, a process that should roll until May 2010.

According to Dell's filing, here (PDF), Psion senior product management's Herb Tuner said Psion was using the trademark "in commerce on or in connection with all goods" listed in the identified trademark registration. Also, Turner claimed Psion had been using the trademark for five consecutive years since the date of - what appears to be - another re-registration in November 2000.

"Upon information and belief, such statements were false at the time that they were being made," Dell's said. "Registrant was not using the Netbook trademark in commerce on laptop computers.

"The US Patent and Trademark Office relied upon Registrant's material false statements and false statement in allowing continued registration of the Nebook name," Dell said.

Dell's filing also asks that the trademark be thrown out because Psion had abandoned the "netbook" name by not shipping laptops and because the phrase "netbook" has become generic.

Dell listed itself along with Hewlett-Packard, Lenovo, Acer, Asus, Sony, Samsung, and others as making netbooks. Dell currently offers three netbook machines: the Inspiron Mini 9, Mini 10, and Mini 12. Also, according to Dell, the phrase is being widely used by retailers and in the media to refer to a particular subset of small and inexpensive notebook.

Ironically, Dell's own attempt to trademark another phrase - "cloud computing" - was rejected by the USPTO last year for being a generic term. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
'Windows 9' LEAK: Microsoft's playing catchup with Linux
Multiple desktops and live tiles in restored Start button star in new vids
Not appy with your Chromebook? Well now it can run Android apps
Google offers beta of tricky OS-inside-OS tech
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
iOS 8 release: WebGL now runs everywhere. Hurrah for 3D graphics!
HTML 5's pretty neat ... when your browser supports it
Greater dev access to iOS 8 will put us AT RISK from HACKERS
Knocking holes in Apple's walled garden could backfire, says securo-chap
NHS grows a NoSQL backbone and rips out its Oracle Spine
Open source? In the government? Ha ha! What, wait ...?
Google extends app refund window to two hours
You now have 120 minutes to finish that game instead of 15
Intel: Hey, enterprises, drop everything and DO HADOOP
Big Data analytics projected to run on more servers than any other app
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.