The “netbook” trademark tussle will play out in court as Psion has responded with a lawsuit to Intel’s legal request that the Canadian company be stripped of their trademark. The Intel (s INTC) demand (Dell (s DELL) has demanded it too) stated that Psion had abandoned the “netbook” trademark through non-use, that Psion had falsely claimed they were still using the term in business and that the term had become too generic for Psion to hang on to the trademark in any event.
The Psion countersuit, made available by the Save the Netbook campaign site, answers Intel’s filing with Psion’s own information including sales numbers for the (abandoned) period in question. Psion is also (unsurprisingly) asking for damages from Intel based on an amount calculated from the profit Intel has made through sales of products under the “netbook” banner.
The Psion suit asks for Intel to turn over the netbook.com domain that was launched by Intel late last year under anti-cybersquatting laws. They are also alleging unfair business practice on the part of Intel by promoting their products under the trademarked name. Psion may have a hard time convincing a jury that the term “netbook” had come to be recognized by the public as the Psion laptop as it states in the suit.
It’s clear this is going to get very messy indeed. It is of particular interest that Psion is requesting a jury trial rather than a court decision.