This is absolutely laughable. I can’t believe the nerve of some companies. Reminds me of when I was sent an email telling me that I couldn’t use “in ear monitor” to describe some headphones. Hell, I can’t even remember the company.

The Psion Netbook Pro was actually a great device. I reviewed one a while back and it worked like a charm. That aside, Psion mad the decision to abandon the product line and even the concept.

What I don’t get is how IN THE WORLD Psion thinks this is going to legally stand up. Blogs and websites are not responsible for product branding or naming conventions. For their part, the manufacturers shouldn’t been on the hook for exactly the reason you mention in your article.

I used to be very impressed with Psion products and had a respect for Psion. I had hoped that thy would enter the market again with consumer devices, but this latest bit of thuggery just makes me sick. Psion, please crawl back under your rock.

@Zealot:

Our good friend James Kendrick at jkontherun is reporting that several blogs (not jkontherun or MobilitySite as of yet, to the best of my knowledge) have received requests from fabled consumer electronics pioneer Psion (they even still exist? Golly…) to cease and desist using the term Netbook as they still have it under copywrite.

First, the term was trademarked (as the original article showed), not copyrighted. Second, copywriting is something done in ad agencies and PR firms; the correct term is copyright (the legal right to copy).

I have a feeling that they would have a very tough row to hoe if they actually tried to enforce said copywrite as the term is fairly neutral and has been widely adopted on a grass roots level to indicate the mini-notebook computers so in vogue currently. Millions of “Netbooks” have already been sold, with tens of millions expected to move in 2009. The major vendors have now adopted it (with a few holdouts) but they certainly did not coin the usage or even claim to have done so. The fact that there are no legal legs under this complaint is made pretty clear by the fact they are going after fan blogs and not, apparently, the vendors themselves. When one has no bait, you try to land little fish.

First, According to the original article, Psion still sells accessories for their netBook even if they don’t sell the original. Also, if they have a valid trademark, that seems like rather strong legs to stand on. (I’m not a lawyer, but given the previous paragraph, I don’t think you are, either.)

Second, what does the term being “neutral” have to do with anything? My understanding is that you can’t trademark descriptive things (like “Apple brand apples”), but you can trademark terms that aren’t obviously related to the item (like Apple Computers or Apple Records).

Finally, maybe Psion is going after blogs first to get them to rename the product category, then will go after any manufacturers who use the term. Or maybe they just want some accommodation from the manufacturers, like Cisco got when it claimed Apple violated Cisco’s iPhone trademark.

@Darren:

I used to be very impressed with Psion products and had a respect for Psion. I had hoped that thy would enter the market again with consumer devices, but this latest bit of thuggery just makes me sick.

“Thuggery”? Please. Did you read the note? I did, and it seemed polite, with none of the threats that I would expect from “thugs”. It also gave them three months to come up with an alternate term (how about “NetTop”?), instead of being an immediate cease-and-desist.

If you don’t know how intellectual property works, if you have a trademark and don’t defend it, you can lose it. That’s why Johnson & Johnson tries to protect “Band-Aid” (notice their commercials say “Band-Aid brand bandages”), for example. Things like aspirin and zipper used to be trademarks, but were lost.

If Psion has a valid trademark on “netbook”, these letters do seem like reasonable steps to protect that trademark.

Imagine what you would do if you came up with a cool term for a product only to see it appropriated for use in a different, but similar, class of devices.

If blogs (or OEMs) want to try to invalidate the trademark by claiming it’s become common usage, they can, but until that’s been done, I think Psion is acting well within their rights.

Steve

Oops, that second link should be copyright.

Steve

@Steve

“Thuggery”? Please. Did you read the note? I did, and it seemed polite, with none of the threats that I would expect from “thugs”. It also gave them three months to come up with an alternate term (how about “NetTop”?), instead of being an immediate cease-and-desist.

Thank you so much for assuming our comments were completely uninformed and for educating us simple folk.

I understand what the idea is behind protecting a trademarked name, I just don’t think Psion should be bothering unless they are planning on entering the market again. Are they protecting it just because they are saying, “Hey! My name!” or because there is some future value in them having the rights to the name?

Even if they do plan on using the name again at some point they should be going after the companies that are using netbook in their advertising, not after bloggers. Giving them time to come up with an alternate name doesn’t cut it either; how is that being amicable? “Do it, or else! We’ll be back in three months”.

Steve, your comment leaves me with the impression your favourite uncle works at Psion. I wish you both all the best.

@Darren:

Thank you so much for assuming our comments were completely uninformed and for educating us simple folk.

No, thank you for completely misstating my comment to you. I asked if you had read the letter and described how intellectual property gets protected if you didn’t know (I don’t presume that everybody does). There’s no assumption in there about your knowledge; I’m just covering the bases.

I understand what the idea is behind protecting a trademarked name, I just don’t think Psion should be bothering unless they are planning on entering the market again. Are they protecting it just because they are saying, “Hey! My name!” or because there is some future value in them having the rights to the name?

Those are fair points. Too bad you didn’t say that and instead resorted to name calling.

I’m no lawyer, but I assume they see some value in protecting the trademark — if only to get some consideration as in the Cisco/Apple iPhone case I mentioned.

Even if they do plan on using the name again at some point they should be going after the companies that are using netbook in their advertising, not after bloggers. Giving them time to come up with an alternate name doesn’t cut it either; how is that being amicable? “Do it, or else! We’ll be back in three months”.

Please cite me any “or else” type threat in the letter. I didn’t see any threat of further litigation and, while it may be inferred, it certainly wasn’t as nasty as you’ve painted it.

I also pointed out exactly how it was being amicable but I’ll do it again — it wasn’t an immediate cease-and-desist; they gave the person time to develop and promote a new term. I’m not sure they had to do that. But tell me, what kind of cease-and-desist letter would you find amicable?

As for going after companies, I addressed that in two possible ways in my previous post. Another possibility is that they have gone after the companies, but the companies haven’t publicized it like the bloggers have. It sounds like you’re assuming things here, not me.

Regardless, though, does it matter? Bloggers can dilute a trademark, too. In fact, I suspect most trademark losses are due to dilution by common people using the trademarked term generically rather than companies using it unfairly (those companies tend to get sued for infringement quickly).

Steve, your comment leaves me with the impression your favourite uncle works at Psion. I wish you both all the best.

Wow, talk about assumptions. As far as I know, I don’t personally know anybody (relative or not) who works (or ever worked) at Psion. I just found the vitriol in your post (“thuggery”, “makes me sick”, “crawl back under your rock”) a bit much to take.

It’s fair to think Psion is going too far; it’s quite another to attack them for what (to me) seems like a fairly measured response.

Steve

jkontherun has an update: http://jkontherun.com/2008/12/27/psions-netbook-trademark-defense-psion-responds/

I agree with Steve – Psion must defend their trademark from such active use or risk losing it. And they must be selling something with the trademark – I believe that trademarks must be active over a period of a small number of years. You cannot succeed with a claim for trademark infringement for a dormant name.

You beat me to it. I was going to post a link to jk as well.

Well, I will admit that the timbre of the wording is amicable but as jk said it does still leave questions.

Psion obviously does have the right to protect a trademark and if they only ever plan on asking manufacturers and resellers to layoff then that is fine. I just don’t see why. Either way, as long as they don’t go after the community they can have their fun.

Great post, Zealot, interesting and provocative.
Sure, Psion has rights if they have trademark on the name. I think they could have spoken up way before it became commonplace to call these devices such. Or, perhaps they did. There are always many tiny details and loopholes. Ah, the law – to protect and to argue –
I especially enjoyed the humor. Perhaps some creativity on this site to assist in creating new names. I call lmy “netbook” my toy computer. It is smaller than my laptop, but bigger than my PocketPC, something akin to a Handbook (oh, was that already used too?) Think on it bright friends.
Msliberty

@Ms Liberty:

I call lmy “netbook” my toy computer.

How about a “NetToy”? ;)

Steve