Dell Goes to Court to Cancel Psion's Netbook Trademark



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I believe the point Dell is trying to make is that since nobody had really heard the term NETBOOK before it was used to describe sub-notebooks and it was adopted as the generic name of those devices AFTER Psion had stopped making laptops using the name then it should be considered abandoned and open for general use.  Kleenex are still in production and so are Band-Aids which is why they would still have a serious claim to their names.  Does having a product no longer in production mean that Dell is right and the name is abandoned?  Let's see someone produce a "Turbo PC" and see if Dell considers the name abandoned.



OK, so acording to Dell "... the widespread use of the term netbook has made it generic". If this is the case, why does Kimberly-Clark still own the name Kleenex since we all call other tissues Kleenex anyway; or Johnson & Johnson with their ever popular Band-aid. Do we call them adhesive bandages? No. Although I do feal that Psion is taking advantage of the situation, it is obvious to me that they were the first to use and trademark the term. If Dell's petition goes through, how is anyone to defend their claim to a product name. These trademarks do expire, and the onus is on the person who registers the name to continue the trademark by renewing and paying any fees (similur to a .com). I say, suck it up, and change the description of your product. Its only a name, isn't it?



Yargh, even with me one eye I can see these be patent trolls. Scurvy dogs of the IP seas they be.

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