Tuesday, March 3rd 2009

Psion Countersues Intel Over the Netbook Drama, Demands $1.2 Billion

We continue to give you the latest information on the Psion versus Dell and Intel saga. In episode three, Psion counter attacks and surprisingly demands $1.2 Billion from Intel. Psion Teklogix has filled a counterclaim against Intel in response to the chip giant's attempt to get the Netbook trademark freed from legal responsibilities. Part of the complaint, filed with the US District Court for Northern California, says:
Intel has acted willfully and maliciously, has unlawfully attempted to trade on the tremendous commercial value, reputation and goodwill of the Netbook mark, and has deliberately and intentionally confused and deceived the public as to an affiliation, connection or association of Intel with Psion, and/or as to the origin, sponsorship or approval of Intel’s goods and/or services,
checkmateSource: Channel Register
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18 Comments on Psion Countersues Intel Over the Netbook Drama, Demands $1.2 Billion

#1
Kursah
The answer to the next question could be who can afford to stay in this battle via the court system, though I gotta say this is a great response from Psion! I like my intel products, but this is a stupid battle that is just as dissapointing as many more in the "sew the world" attitude some individuals and companies have decided to take in the last decade or more. I hope the little guy dominates in the end!

:toast:
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#2
pr0n Inspector
by: Kursah
The answer to the next question could be who can afford to stay in this battle via the court system, though I gotta say this is a great response from Psion! I like my intel products, but this is a stupid battle that is just as dissapointing as many more in the "sew the world" attitude some individuals and companies have decided to take in the last decade or more. I hope the little guy dominates in the end!

:toast:
yeah right.
"no you can't call them netbooks without paying me a fee."
this is fucking retarded.
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#3
Silverel
They are a little late to the party to be bitching about an entire industry sector taking their name. I hope they get shot down personally. Unless they can prove prior claims filed against Intel and Dell for use of the "Netbook" moniker, they need to shut up and deal with it. No one is trying to sue them for money, just use of the name (which has been in use for a while now) as public domain. Public perception to the netbook market has nothing to do with Psion, and if anything, has drawn attention to their product via search engines and the like.
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#5
FordGT90Concept
"I go fast!1!11!1!"
There isn't a chance Psion will get that money from Intel. This question is entirely about Psion keeping a trademark of a commonly used word. The court just needs to decide if the term is public domain or not. There's really no merit for it to turn into a massive legal battle.
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#6
ShinyG
Well, I was bashing Psion from the beginning of this story so I'm not surprised they're switching the "Robin Hood" routine to a typical patent leech behavior... :(
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#7
lemonadesoda
Anyone who took the time to read the court petition should really be taking a different view.

1./ Intel is muscling with their deep lawyer pockets
2./ They are trying to bankrupt Psion (US) by making them liable for Intels legal fees
3./ Intel is claiming Psion has been fraudulent, and the company/directors should be prosecuted for it
4./ Intel is claiming PROTECTION from unfair competition by Psion!
5./ Intel wants the court to make a judgement that the behaviour of Psion has been injurous, so that Intel can claim further "damages" from Psion.

Down with Intel on their behaviour :shadedshu

"netbook" being a term that the public use, just like we use the term "hoover" for vacuum cleaner, does NOT give Intel the right to use it for their product NOR to throw lawyers all over a small company in nothing more than corporate bullying. :mad:
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#8
pentastar111
Not entirely off topic, but I had an enteresting experience the other day when I was conversing with Time/warner cable about upgrading to their fiber optic internet service. I kept calling it fios and the lady got really uptight and was very stern in her approach when informing me that "fios" was a Verizon term. It was kind of humorous in a way...And ridiculous at the same time. All this pickiness about terms and word usage, it is really revolting that ANYBODY would sue or get sued over something like that...I mean "netbook"? What the hell else could you call it? Maybe "Small, underpowered, barely able to access e-mail, portable pc"? Kind of a long name...oh well, I'll probably get sued now because someones already said or thought of it before I did. :laugh: To hell Intel and Psion. I hope the judge throws the whole thing out of court, and fines them both for being petty.
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#9
Rexter
by: lemonadesoda
Anyone who took the time to read the court petition should really be taking a different view.

1./ Intel is muscling with their deep lawyer pockets
2./ They are trying to bankrupt Psion (US) by making them liable for Intels legal fees
3./ Intel is claiming Psion has been fraudulent, and the company/directors should be prosecuted for it
4./ Intel is claiming PROTECTION from unfair competition by Psion!
5./ Intel wants the court to make a judgement that the behaviour of Psion has been injurous, so that Intel can claim further "damages" from Psion.

Down with Intel on their behaviour :shadedshu

"netbook" being a term that the public use, just like we use the term "hoover" for vacuum cleaner, does NOT give Intel the right to use it for their product NOR to throw lawyers all over a small company in nothing more than corporate bullying. :mad:
Have you missed the point? Intel and Dell wants the term "netbook" to be free of use, not TAKE the name like Psion wants to.
Posted on Reply
#10
btarunr
Editor & Senior Moderator
by: malware
checkmate
More like stalemate, that too, if Psion is able to single-handedly face Intel, Dell, and their lawyers :)
Posted on Reply
#11
lemonadesoda
by: Rexter
Have you missed the point? Intel and Dell wants the term "netbook" to be free of use, not TAKE the name like Psion wants to.
Er? Please read the post and PLEASE read the court petition before jumping to conclusions! AND get your facts straight! :shadedshu :slap: The PDF is all there in the link. Go read. http://www.courthousenews.com/2009/02/16/IntelvPsion.pdf
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#12
Rexter
by: lemonadesoda
Er? Please read the post and PLEASE read the court petition before jumping to conclusions! AND get your facts straight! :shadedshu :slap: The PDF is all there in the link. Go read. http://www.courthousenews.com/2009/02/16/IntelvPsion.pdf
I did read it, Psion has the trademark, yes, but have they used it? No. Not for five years according to Intel. Only now, in the recent three-four months have they woken up and started to send cease-and-desist letters to everyone and their cat for using the word "netbook", which while they were sleeping at work, got turned into a normal term to describe a small and light notebook/laptop and is now used by everyone from major media corporations, hardware giants, to the common man.

So Intel and Dell wants Psion to give up the term "netbook" so it can be used freely by everyone. And yes, i can see that Intel wants the term to be free so they can use it for their own benefit, but since they want it to be a free term like "desktop pc", not only Intel, but every other hardware manufacturer, media, website, blog, my grandmother can use the term "netbook" as they see fit.

And Intel wants to bankrupt Psion for having them pay for Intel legal fees? Pffst! Dont pull this robin-hood bull here. Every single person on this very earth who sues someone does this. E-v-e-r-y-o-n-e. And lets not forget Psion wanted royalty claims for the term "netbook" (which they, as mentioned above, havent used in five years).

Psion does indeed own the trademark but have come way to late to the party and demands to be the prom king.
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#13
lemonadesoda
I dont think so. If you look at Psion's original letter, they were very relaxed and polite about the issue.

What has happened now is that american lawyers are at play. First it was Intel and their bellicose lawyers. Then it was a polite response from Psion. NOW, it is the "formal response" not from Psion directly, but the new legal team representing the case.

YES, "billions" is nonsense. But dont blame Psion. That's the "game" the hired US lawyers are playing, based on the precedents set in previous cases.

Bark at the lawyers and the US legal process, not at Psion.
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#14
Rexter
by: lemonadesoda
I dont think so. If you look at Psion's original letter, they were very relaxed and polite about the issue.

What has happened now is that american lawyers are at play. First it was Intel and their bellicose lawyers. Then it was a polite response from Psion. NOW, it is the "formal response" not from Psion directly, but the new legal team representing the case.

YES, "billions" is nonsense. But dont blame Psion. That's the "game" the hired US lawyers are playing, based on the precedents set in previous cases.

Bark at the lawyers and the US legal process, not at Psion.
But you are still only focusing on the money at stake. Did you even read my entire post?
And being polite wont get you anywhere when you are trying to play ball with giants like Intel.
Posted on Reply
#15
lemonadesoda
Rex, yes, I read your post. But it's clear you still havent read the court proceedings I linked to. It isnt just about putting netbook term into public domain. They are leveling damages claims at Psion.

Anyway, let's stop arguing here... doesnt make a hoot of difference. I will be watching the story though!
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#16
pr0n Inspector
ah, the usual "look at me I'm weak and tiny, save me from those scary mosters" BS
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#17
Silverel
1./ Intel is muscling with their deep lawyer pockets
Industry Standard:D

2./ They are trying to bankrupt Psion (US) by making them liable for Intels legal fees
Also pretty standard for a court case. Doesn't mean it'll happen.

3./ Intel is claiming Psion has been fraudulent, and the company/directors should be prosecuted for it


4./ Intel is claiming PROTECTION from unfair competition by Psion!
Psion is in an attempt to force the ENTIRE industry to stop using a now-generic term from being used. This effects billions and billions of dollars in advertisement costs alone.

5./ Intel wants the court to make a judgement that the behaviour of Psion has been injurous, so that Intel can claim further "damages" from Psion.
If they win, the rest of the industry will violently do the same, and Psion will cease to exist for not stepping on the toes of Intel, but stomping all over everyones toes trying to make a point.


If Psion wins, it'll just be another case of copyright/trademark abuse in the system. The didn't have any product between 2003 and late 2006. They didn't complain until the term netbook was in use for two years by multiple industries. An unused trademark becomes invalid after 5 years, and they were milking the expiration date in order to sue EVERYONE. Furthermore, they already did do damages by waving their "trademark" at google and having all the search hits be ignored unless it was for Psions product (since been revoked).

The little guy might look all weak and pathetic, but I'd kick his ass too.
Posted on Reply
#18
Silverel
Intel has acted willfully and maliciously, has unlawfully attempted to trade on the tremendous commercial value, reputation and goodwill of the Netbook mark, and has deliberately and intentionally confused and deceived the public as to an affiliation, connection or association of Intel with Psion, and/or as to the origin, sponsorship or approval of Intel’s goods and/or services.

I just noticed that again. :laugh::laugh:

If the Netbook moniker hadn't been applied as a generic term they would have absolutely 0 commercial value. No one would be looking for a "Netbook" if they were all called something else. Psion = failbotleech
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