Comments on Sam Johnston: Conspiracy theories about Intel's role in the "net...

That's a good attitude, Sam, and I have good news ...

2009-02-21T00:58:00.000+01:00

That's a good attitude, Sam, and I have good news for you. The Wayback Machine pegs the last listing of the netBook Pro on Psion's website in July 2006, so using the argument presented on STN, Psion's claim on the trademark could expire as early as this summer. Again though, we don't know when they actually stopped shipping the product, but there appears to be a distinct end to the advertising and use of the trademark on their website.

I have no interest in concealing facts and would r...

2009-02-20T20:40:00.000+01:00

I have no interest in concealing facts and would rather as much information as possible were available for the TTAB decision (whether good or bad for the case).

I do feel for Psion having been so far ahead only to see others successful with inferior devices, but at this stage their losses are miniscule in comparison to what the rest of the industry stands to lose and to enforce their trademark would do exactly the opposite of what is intended: users buying a "netbook" expecting something like an Eee PC will get something different entirely (better, but far more expensive).

A good analogy I saw used in one of the many threads was a toddler putting a toy back in the box only to throw a tantrum when another kid starts playing with it.

I'm actually not convinced that Psion will fight this... they haven't said 'boo' since it all kicked off (STN included) and there is always the possibility that they will announce a product and forget about the TM. I do think that Dell will do a much better job of building the case than STN ever could have and if Psion do decide to put up a fight then I reckon they'll have their work cut out.

Anyway it's been an interesting debate so far. I'm a tech guy but have a strong interest in the area where the tech and legal industries mesh (some would say grind) together.

Sam

"We?" So you are part of STN? See, I don't know ho...

2009-02-20T20:21:00.000+01:00

"We?" So you are part of STN? See, I don't know how I get tagged as a conspiracy theorist when I don't assume such connections without evidence or admittance.

Truthfully, I'm a bit surprised you're with them given how rational you appear relative to the "throw s*** on the wall" approach at STN. I mean, that Psion Netbook reseller potentially kills your case, and you guys link to it? Not the smartest move, and quite frankly, you need to be much smarter than what you've presented.

Your fraud argument is seated on very narrow interpretations. "Use" does not necessarily mean shipping new units. Discontinuing a product does not equate with discontinuing use of its trademark. And proving intent just means showing a plan, fulfilled or not. You think Psion can't argue any of those points? Okay, but don't say nobody spotted where they could (and should) attack.

I too wouldn't mind knowing how these guys get the...

2009-02-20T18:36:00.000+01:00

I too wouldn't mind knowing how these guys get their hands on Netbook Pros "Neuware mit 2 Jahren Garantie, kompletter Lieferumfang, original verpackt, frisch ab Werk !", or indeed the Netbook itself, but I would suggest that if the product was discontinued it was because they weren't selling... they likely had stock left over or bought it at a discount when the product was dropped. In any case Psion whould have to show that they've been shipping new units, if not still *producing* them.

We've treated the Netbook Pro specifically here: Is the Netbook Pro a fly in the ointment?

Thanks for the counterpoint, but whether the trade...

2009-02-20T16:52:00.000+01:00

Thanks for the counterpoint, but whether the trademark is in active use for Psion to prove (or not) when they answer the second basis of Dell's petition. This, to me, is the make or break point for them, but this does not have any bearing on the third basis of genericness.

That said, it has been pointed out to me that the Psion Netbook trademark is currently in active use.

Via Save the Netbooks: http://blog.savethenetbooks.com/2009/02/newsflash-psion-action-damages-hurting.html
Source: http://www.pulster.de/

Remember, active use does not mean producing new units. Psion just needs to prove they've been dealing with resellers and customers using the trademarked name.

Also, the end-of-life notice to which you link only shows that Psion discontinued their Netbook. It does not make mention of their Netbook Pro, which replaced the discontinued model. Whether sticking "Pro" after the original trademarked name makes it a new name is another argument.