Thursday, February 19, 2009

Dell files for petition to cancel Netbook trademark from Psion

The people of Save the Netbooks campaign have claimed victory over the use of the word "Netbook". Due to the fact that Dell has petition to cancel Netbook trademark by Psion.

More info HERE and HERE

In the petition to cancel Dell claims Abandonment, Genericness, and FRAUD.

On November 17, 2006, Registrant filed with the U.S. Trademark Office Combined Declaration of Use and Incontestability under Section 8 & 15 which included a sworn declaration signed under penalty of perjury by Mr: Herb Tuner, Senior Product Management for Registrant.

10. Mr. Tuner swore that Registrant was, as of November 17, 2006, using the Netbook
trademark commerce on or in connection with all goods listed in the above-identified registration," and that Registrant "has used the above-identified trademark in commerce for five years after of registration povember 21, 2000J." Upon information and belief, such statements were false at the they were made.

11. In support of its 2006 Combined of Continued Use and Incontestability, of use consisting of an advertisement Netbook laptop sale of which, by Registrant three (3) years.

Here's the abandonment points:

5. Psion claims that it began offering laptop computers under the mark Netbook in approximately
6. Upon information and belief, Psion is not currently offering laptop computers under the
Netbook trademark.
7. Upon information and belief, Psion intends not to resume bona fide use of the Netbook
name in the of trade.
8. Psion has abandoned the "Netbook" mark.

And the genericness points:

18. The term "netbook" has been widely used by computer the media, and consumers to refer to a subset of "notebook" computers are small inexpensive.
19. Many make netbooks, Asus, Sony, Sylvania, Samsung, MS LG, and Fujitsu, among

via Save the Netbooks

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