Qualcomm Hit With Restraining Order Over Smartbook Name
The trademark fight we first covered recently over the “smartbook” trademark in Germany has heated up as we have received word that Qualcomm has been hit with a restraining order in Germany over the use of the term. A press release has indicated that a German court has issued an order for Qualcomm to stop using the “Smartbook” term in Germany, with a 250,000 euro ($357,275) fine as penalty for failure to do so. From the press release issued by Smartbook AG:
Qualcomm Inc. as well as Qualcomm CDMA “are not authorized to use without approval of the Smartbook AG the character sequence ‘Smartbook’ in all notations in association with mobile computers — such as laptops (notebooks) — in the context of business communications expressed in technically retrievable Internet offers in the area of the Federal Republic of Germany without providing information that in the region of the Federal Republic of Germany any usage of the sign ‘Smartbook’ in association with mobile computers is exclusively reserved to the SMARTBOOK AG.”
According to this resolution, the fine applies — alternatively an arrest for contempt of court — in the case of a non-compliance.
“Internet sites of the Qualcomm Inc. such as www.hellosmartbook.com and Internet sites of the German branch office Qualcomm CDMA GmbH, which refer to the U.S. web site of the Qualcomm Inc., were already blocked for users with a German IP address,” according to Dirk Pick, CEO of Smartbook AG.
“We are confronted with an almost absurd but at the same time bold attack against our brand name. It is Qualcomm who forced us to implement defensive measures. We will protect our brand.”
Qualcomm is a maker of the chips used in smartphones and has recently been pushing the “smartphone” concept, a small netbook-like device that runs the processors that the company produces. Smartbooks are touted as connected notebooks that bridge the gap between a smartphone and notebook computer. The press release does not state exactly when Qualcomm web sites were blocked for those with a German IP address.
Smartbook AG is not a company that we have run across before this trademark situation, but from its web site says it sells traditional notebook computers.
(Photograph courtesy of Qualcomm)
Great find James! Do you have any link to the german pressrelease? I just can’t find it.
I talked to my german lawyers and i am going to meet them in Berlin next week. We still believe that we are fine.
Let’s see how this works out.
I received the press release via email and no link was provided. You Germans would be blocked from seeing it anyway, right?
I believe you are fine too Sascha. Courts can protect trademarks but they can’t ban you from using words, those are two different things. Good luck with the lawyers.
Is this what you’re seeking?
http://s212874148.online.de/PM01_09_SMARTBOOK_EN.pdf
Found it on Smartbook AG’s website under Presse/News. The first press release seems to be the German version and the second is English. Both have the date (datum) of 01.09.2009 or Sept 1, 2009.
http://www.smartbook.de/Content/Presse.aspx
FYI – at the bottom of http://www.hellosmartbook.com there is this wording ‘now’ appears:
*Legal notice: In the territory of the Federal Republic of Germany, the use of the term “Smartbook” in connection with portable computers is reserved exclusively to Smartbook AG, Germany.
Question is; will it be enough to appease Smartbook AG?
They already have it online for at least a week. Still, it seems that they are now blocking german ip adresses. It’s a really strange case imho
heard about this over at http://www.smartbook.asia first but i didn’t find the quote “Internet sites of the Qualcomm Inc. such as http://www.hellosmartbook.com and Internet sites of the German branch office Qualcomm CDMA GmbH, which refer to the U.S. web site of the Qualcomm Inc., were already blocked for users with a German IP address,” according to Dirk Pick, CEO of Smartbook AG.”
guess it just goes to show that eventually someone wanted to cash in on that word