Feeds

Intel responds to Psion countersuit

Liar, liar, portable handheld pants on fire?

Security for virtualized datacentres

Intel has formally responded to Psion's countersuit, itself launched in response to a lawsuit from the chip giant in a bid to have Psion's Netbook trademark revoked.

Central to Psion's counterclaim is that it continues to sell its Netbook Pro handheld computer and thus its trademark, acquired in the late 1990s, is still valid. Psion stopped manufacturing the machine in 2003, but claims it's been nonetheless selling the thing ever since, racking up revenues of $13,650 this year, down from a peak of just over $2m in 2006.

Intel's reponse, filed with the US District Court of Northern California last week, admits it has no evidence to dispute Psion's numbers, but that it "denies that Psion offered any Netbook laptop in the United States after 2003, as confirmed by Psion's website".

To this day, Psion's US website does indeed list the Netbook Pro among the company's "Discontinued Products".

Intel stresses that point a number of times and the implication is clear: in the US, Psion did not sell the Netbook after 2003, and so any claim that its trademark is valid because it did and does is - as we say in the legal trade - bollocks.

Intel goes on to state that is has, as Psion alleged, used the term 'netbook' generically, but that it does treat it as a trademark. Curiously, it doesn't admit - or deny - that it attempted to trademark the term 'netbook', partly because Psion didn't claim that it had.

However, the chip giant maintains that when it began using the term, it had no knowledge that Psion has any possible claim on the word - contrary to Psion's allegation that it did. The point of the formal 'adoption' of the term 'netbook' comes on 24 September 2008, when Intel registered the domain name netbook.com.

Curiously, while Psion made the quite reasonable claim - given the nature of Intel's business - that netbook.com was acquired to "promote computer chips for use in laptop computers", Intel denies this "allegation".

Intel promoting the sale of chips? Absurd...

Psion may respond to all this, but the case will continue to hinge on whether Psion has the right to retain a trademark arising from a product it no longer produces and, if Intel is correct, doesn't sell in the US.

Intel says it didn't check to see whether the word 'netbook' had been trademarked - its stated lack of knowledge that Psion owned such a trademark is tacit admission that it didn't look before leaping - but that doesn't detract from the question of the validity of Psion's trademark, though we're sure Psion will argue otherwise. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Let it go, Steve: Ballmer bans iPads from his LA Clippers b-ball team
Can you imagine the scene? 'Hey guys, it's your new owner – WTF is that on your desk?'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
iPAD-FONDLING fanboi sparks SECURITY ALERT at Sydney airport
Breaches screening rules cos Apple SCREEN ROOLZ, ok?
Apple's new iPhone 6 vulnerable to last year's TouchID fingerprint hack
But unsophisticated thieves need not attempt this trick
The British Museum plonks digital bricks on world of Minecraft
Institution confirms it's cool with joining the blocky universe
Turn OFF your phone or WE'LL ALL DI... live? Europe OKs mobes, tabs non-stop on flights
Airlines given green light to allow gate-to-gate jibber-jabber
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.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.