Originally posted 2010-04-07 03:15:14. Republished by Blog Post Promoter
BUMPED from January 1, 2010 and UPDATED due to decision (scroll to the bottom for the stunning conclusion):
Had you heard about this one from Mike Masnick?
Chip giant Intel has a bit of a reputation for being a trademark bully at times, threatening or suing many companies just for having “intel” in their name somewhere — including a travel agency and a jeans company. Now, before anyone brings it up, yes, as a trademark holder the law requires you to enforce your trademark against infringement, lest it become considered “generic” (such as xerox machines, kleenex tissues, aspirin and other brand names that became generic). But, the key in all of those generic situations was that the use was applied to things that directly competed with the original brand’s products. People referred to other tissues as “kleenex” and it stuck. Intel’s lawyers seem to go out of their way to find potential infringement where there obviously is none at all.
Paul Alan Levy alerts us to the latest such case, where Intel has sued the operators of the Mexico Watch newsletter, because its domain is LatinIntel.com. Of course, the reason for that is that it is using the commonly accepted abbreviation of “intel” as short for “intelligence.” It’s common shorthand, especially within government circles, to refer to gathered intelligence as simply “intel.” . . .
More importantly, no one is going to look at LatinIntel.com and confuse it for the world’s largest computer chip maker. No one is going to look at that site and wonder how come they can’t order a Centrino processor. There’s simply no confusion at all. . . .
Well, when I first read that post, I thought Mike may just be on to something there. Here’s how I see it now:
[ipaper id=24675978 width=420 height=544]
UPDATE: Intel loses (don’t get excited about the “decision” itself however!)
Glory and gratitude to my co-counsel Colby Springer who nailed it at oral argument.
MORE: Is less.