Who Owns the Netbook Trademark?
Psion (the mobile device maker that eventually fell off a cliff) may wind up haunting netbook makers. Apparently, Psion Teklogix holds a trademark on the netbook term and is sending cease and desist letters to some folks. The story first surfaced on jkOnTheRun, a blog that covers mobile devices. So what does that mean to major PC companies that market Netbook-braded products? Hmmm…
First, a little background: In the PC industry, low-cost sub-notebooks are increasingly called Netbooks by vendors, partners and bloggers (including The VAR Guy). Lenovo, for one, recently introduced the IdeaPad S Series Netbooks. Intel uses the Netbook term frequently. Even Gartner, the IT research firm, embraced Netbook as a general term in its latest research about exploding demand for sub-notebooks. Netbooks are also well-known because many of the most popular devices come with Linux pre-installed, putting intense pressure on Microsoft’s Windows business.
Now, for the twist: Psion introduced the Netbook term in 1999, and allegedly has a trademark on the term. If true, high-tech companies may eventually have to negotiate with Psion for the rights to use the Netbook term.
Still, it’s a bit premature for The VAR Guy to toss around “what if” scenarios. Most high-tech firms have been closed for the holidays, and requests for comment from Psion, Intel and Lenovo have yet to be returned.
In the meantime, The VAR Guy will keep blogging away from his Netbook, er, sub-notebook.
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I really don’t see a big deal in the name scheme of a genre of laptops. The term is being used as a description, not as a name for a specific product. If they want to protect their trademark on the term, they can do so, but the market wont be harmed. They will essentially create a new term for these type of laptops if need be.
Frankly, the only company that has been pushing the “netbook” label for the Eee PC and its descendants was Intel. The rest of them adopted the term because Intel said so. The originator of the category, ASUStek, never used the term in their original marketing for the Eee PC. (They might now, but only because of its cultural currency.)
I always thought that the term was a misnomer and misleading. I will not weep if the term “netbook” is abolished from the marketing of these mini laptops.
Interesting that Joey should define netbooks as “laptops”. That will bring GRiD Systems – which was sold to Tandy (RadioShack) who handed off manufacturing to AST and so on…. in to the equation.
As far as I’m aware of the trademark “laptop” belonged to GRiD Systems and was used on their GRiD Compass /GRiDcase machines. (Have a look at GRiDcase 1550 and you’ll see where the Thinkpad consept originates from – including magnesium chassis, red markings and the famous mousebuttons).
As far as I can remember there was a fierce battle between GRiD and IBM due to usage of the term “laptop” (possibly with compaq as well). Who owns the “laptop” trademark these days?
Who knows who invented the name or concept. The real question is who will be the first asshole to step up and start suing everyone else.
JohnnyWadd: This is a family site so watch the language… and regardless of what words you use your point is well-taken.
Jacob: Hmmm. Interesting point regarding the Laptop trademark. Not sure who owns the trademark, but perhaps if The VAR Guy uses the term (laptop) often enough (laptop) the trademark owner (laptop) will come calling seeking (laptop) money.
it’s only a trade mark.
We are not using the term ‘Netbook’ as a title of a model of our product (i.e. Zumarraga Netbook, a product of Zumarraga MFG). This one violates PSION’s trademark. But if PSION has gone out of business, ceased producing Netbook models, and exists only as an inactive entity in the market place, then there is no cause for the industry to reserve the trademark NETBOOK for PSION. There is no longer a product to attach the trademark name on.
However, the term ‘netbook’ (small caps) does not violate the trade mark of PSION if used as a descriptive term. (ie, Zumarraga Zoombook, a hi speed, hdd-less netbook and Zgeneration product of Zumarraga MFG). In this example, Zumarraga is the enterprise entity, Zoombook is the presumed trademarked model of their production, and ‘netbook’ is merely a descriptive word of the type of product.
I’d really love it if the industry as a whole would just call PSION’s bluff and either say “nice try – come sue us”, or simply tell them to “piss off” and name this device something else.
Besides, it’s pretty obvious some “intellectual property litigation shark” is behind this rather than PSION itself since PSION has been gone for years…
of course if the US Government’s windows servers actually worked, you could search for the trademark owner. Ah…my taxes at work. Sure hope Obama eliminates this unnecessary spending!
If a netbook as we know them now has to be called a MID or some other name, PSION still loses in the market. And if PSION makes a great netbook as we know them now and participates in a market larger than they could have ever created with their prior devices, PSION and the market win.
So they can try to get minor revenue by licensing a name that isn’t really needed — netbook is used descriptively far more than it is used in any product names — or they can invent a better netbook and get major revenue from participating in an exploding market. I vote for B, particularly as I’d bet the market will change the netbook term before ever giving PSION a penny in licensing.
Scott: The VAR Guy agrees… he doesn’t expect anyone to pay a dime to Psion for the rights to tne Netbook name…
Look at it another way, what would Linus Torvolds do if the ford motor company producted a car called the FORD-LINUX ?
or a toaster ? its a registered tradmark, its owned by a person or company (Linus). and by law the only way for the owner of a trade mark can keep it is if they work to protect it. So PSION has to send orders, and did the other companies not check if NETBOOK was registered or did not seek to register it themselves before using it, its about time some start to pay for their stupidity.
(instead of being rewarded for it, and bailed out) !
@Darryl,
It was previously mentioned, if a company called their laptop ‘blah netbook’ it’s part of the title and under scrutiny. However as a descriptive term it is not enforcable.
Think ford as in water crossing, vs Ford Model T…