Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
trademark

Companies:
intel




Intel Suing More Companies For Trademark Infringement

from the gotta-keep-the-lawyers-busy dept

Earlier this year, we mentioned that Intel was suing a travel agency for having the name Intellife Travel, despite the fact that trademark law is pretty clear that trademarks only cover specific areas of business, and Intel is not in the travel business. This wasn't the first time Intel had stretched trademark law, either. As we wrote last year, it was suing a jeans company as well. Law.com is running an article noting that Intel appears to have stepped up its trademark lawsuit campaign this year, filing 15 lawsuits already, including a recent one against Intellectric, an electrician in Southern California who has been using the name for years.

Intel, of course, claims it needs to sue to protect its name, but this is incorrect. It only needs to sue in clear cases of confusion or dilution. These names of companies in totally unrelated businesses (where there's no chance of confusion) are situations where there is no impact on Intel and they need not sue. There are some cases where it could make sense -- and I'll grant Intel's lawsuit against the research firm "Insider Intel" might make sense, given Intel's trademark on "Intel Inside," but many of these other lawsuits are ridiculous.

Yet, because many of the businesses are small, while Intel is huge, the businesses are forced to settle. Remember the travel agency? Rather than fight the lawsuit (which it almost certainly would have won), the company decided to settle, though it can't talk about the terms of the settlement.

17 Comments | Leave a Comment..

 

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  1. by Anonymous Coward - Nov 14th, 2008 @ 2:32am

    wtf?

    next thing you know they will sue some one for commenting that an article they read was intelligent.

    its companies like those that make me wish for some type of "open source" hardware (what ever the proper term maybe).

    (reply to this comment) (link to this comment)

  2. by Anonymous Coward - Nov 14th, 2008 @ 3:44am

    I'm sorry but you can no longer use the word INTELigent. It's now a trademark and copywrite infrigement. Please allow 7 to 10 days for your lawsuit to arrive by mail.

    (reply to this comment) (link to this comment)

  3. by Liam Potter - Nov 14th, 2008 @ 4:07am

    how many people are still spelling copyright as copywrite?

    (reply to this comment) (link to this comment)

  4. Re:

    by Vincent Clement - Nov 14th, 2008 @ 4:44am

    The ones that can't spell intelligent correctly ;)

    (reply to this comment) (link to this comment)

  5. by Anonymous Coward - Nov 14th, 2008 @ 4:57am

    Look no further than Nissan.com for an example of this.

    (reply to this comment) (link to this comment)

  6. Re: Re:

    by Greg - Nov 14th, 2008 @ 5:25am

    Indeed. And most certainly they would incorrectly spell "misspell" as "mispell."

    (reply to this comment) (link to this comment)

  7. by pferland - Nov 14th, 2008 @ 6:04am

    This is why I will never buy any Intel products

    (reply to this comment) (link to this comment)

  8. Intel TM enforcement

    by Joe - Nov 14th, 2008 @ 6:35am

    It's worth noting that by far the most trademark enforcement actions that Intel brings is not in court but rather in the Trademark Office.

    Go to and search for "intel" in the party search field. Aggressive enforcement? You bet. Is it justified? Hard to say until you're in the ring fighting counterfeiters. people who are clearly trying to make a buck on your brand and, yes, those borderline cases where a person's mark brings Intel to mind but but maybe sorta not in a confusing way.

    (reply to this comment) (link to this comment)

  9. Re: Intel TM enforcement

    by Joe - Nov 14th, 2008 @ 6:36am

    http://ttabvue.uspto.gov/ttabvue/

    (reply to this comment) (link to this comment)

  10. Re:

    by giff - Nov 14th, 2008 @ 7:25am

    Actually, there are open source hardware solutions

    See for instance http://www.opensparc.net/

    (reply to this comment) (link to this comment)

  11. Re: Re:

    by Anonymous Coward - Nov 14th, 2008 @ 7:30am

    interesting stuff thx for the link.

    (reply to this comment) (link to this comment)

  12. by OC - Nov 14th, 2008 @ 7:32am

    So according to Intel, when I see the label "Intel inside" I should be worried that someone has stuffed a pair of jeans in my computer?!

    (reply to this comment) (link to this comment)

  13. Re: Re:

    by Anonymous Coward - Nov 14th, 2008 @ 7:35am

    interesting stuff thx for the link.

    (reply to this comment) (link to this comment)

  14. Military Intel?

    by Anonymous Coward - Nov 14th, 2008 @ 8:47am

    So, does this mean the military pay a royalty or something when they go in for briefings where they talk about intel reports?

    (reply to this comment) (link to this comment)

  15. by Anonymous Coward - Nov 14th, 2008 @ 12:55pm

    The new American Way - Where all other business fails, SUE SUE SUE!

    Since the economy is at an all time low, these lawsuits continue to degrade it further, These people with these bullshit suits should be executed!

    For the people! NOT THE CORPORATIONS!

    (reply to this comment) (link to this comment)

  16. Re:

    by Anonymous Coward - Nov 17th, 2008 @ 10:47pm

    For the children! Oh won't someone please spare a thought for those poor intelligent children?

    (reply to this comment) (link to this comment)

  17. Trademark madness

    by trademark - Nov 19th, 2008 @ 7:35pm

    This is just one more example of "if you *can* sue, you *should* sue." Sigh.

    (reply to this comment) (link to this comment)

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