March 22, 2009 at 1:30 pm
Intel has responded to Psion’s counter-suit regarding the use of the term “netbook”. The response, which was filed on Thursday 19th March, had some quite interesting titbits including the fact that whilst Intel admits using the “netbook” term in a generic sense, it denies using it as a trademark. It also denies that Psion has any rights to the “netbook” term.
Some of the extract highlights from the filing include the following:
- Intel “denies that Psion offered any Netbook laptop computers in the United States after 2003, as confirmed by Psion’s website”
- “Intel denies that Psion has advertised its Netbook laptop on its website or otherwise since 2003, after Psion’s website listed that model as discontinued”
- “Intel admits that it has used the term “netbook” in its generic sense. Intel denies that it uses the term netbook as a trademark or as an indicator of a sole source to offer any of its products or services.”
- “Intel denies that it commenced use of the term “netbook” with any knowledge of Psion’s claim of existing rights in the term.”
- “Intel denies that Psion has any rights in the term “netbook”
In its defence, it also said that the “term “netbook” is generic, i.e. a relevant portion of consumers do not associate the term “netbook” as originating from, or being approved by or affiliated with, a single source.” It also assured that it does not use the “netbook” term to identify a source of any products or services.
Psion has claimed that “Intel and computer manufacturers and retailers have numerous other options of descriptive terms to describe small, easily-portable notebook computers – such as “ultraportable” notebook (the term previously adopted by the industry to describe these devices before Intel’s proliferation of “netbook”), “sub-notebook,” or “mini sub-notebook.” In fact, the industry already uses some of these same terms for keyword advertising.” In our view this is just not true. The generic ‘netbook’ description means a small device designed for access to the internet with a form factor of a mini-notebook. This is a description that most consumers are comfortable with and it would be hard to suggest that the netbook trademark can belong to any specific commercial entity.
Via Save The Netbooks.