toggle

AAPL Stock: 113 ( -0.29 )

Printed from http://www.macnn.com

German company continues battle over "Smartbook" trademark

updated 08:40 pm EST, Tue November 17, 2009

Qualcomm banned from using brand in Germany

German computer maker Smartbook AG has continued to threaten companies, including EE Times, that have been using the term "smartbook." The manufacturer recently sought a restraining order against the chip maker Qualcomm. Although Qualcommm and other companies, such as Freescale, use the term smartbook as a generic reference to portable Internet-ready devices that fall between the typical classifications for netbooks and smartphones, Smartbook AG has argued that it owns the sole rights to the trademark.

Qualcomm acknowledged that Smartbook AG does have the exclusive rights to the term, at least in Germany. Although the San Diego-based semiconductor company has complied with the court order, news outlets such as EE Times continue to use the trademark as a generic description.

Smartbook AG asked EE Times to stop using the term, arguing that it misleads readers into believing Qualcomm has permission or rights to use the trademark. Although Freescale still refers to the devices as smartbooks, the company claims it has yet to be contacted by Smartbook AG.

The restraining order allegedly applies solely to Germany, although Smartbook AG claims the protection also extends to Austria, Switzerland, Benelux, Denmark, Sweden, Finland, Norway, Spain, Portugal, France, Monaco, Italy, U.K., Poland, Czech Republic, North and South Korea, Turkey, Russia, Ukraine, Australia and Singapore.

Qualcomm claims the court order has yet to be finalized and the company is still "reviewing the litigation." EE Times is also working to determine if it is obligated to stop using the term.




by MacNN Staff

toggle

Comments

  1. thetrademarkattorney

    Joined: Dec 1969

    +1

    smartbook in a row

    An interesting post, however it is unclear if the German computer maker Smartbook AG has filed for trademark rights in the United States . Also, would the mark in itself be descriptive of the class of goods and services its used for, in that case would there arise a sufficient cause for likelihood of confusion?

  1. peter02l

    Joined: Dec 1969

    0

    German Company

    Should only be allowed to have rights to Siegfriedbook.

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

Follow us on Facebook

toggle

Most Popular

Advertisement

Recent Reviews

ZTE Spro 2 Smart Projector

Home theaters are becoming more and more accessible these days, but maybe you've been a bit wary about buying a home projector. And h ...

MSI Geforce GTX 970 100ME

When Nvidia announced a new line of video cards in September 2014, many people thought things would continue to be business as usual i ...

Wren V5US Wireless Sound System

If you're a music fanatic, chances are you are, by extension, a bit fanatical about what you listen to your music on. If you're like ...

toggle

Most Commented