Qualcomm bams it up a notch with legal battle over Smartbook mobile device name

The term “smartbook” is a surprisingly dangerous word. GoMo News got it’s first Cease & Desist thanks to using the word (we were so proud). A German company called Smartbook AG claims that the name is its registered trademark, and that any other use of it constitutes a legal breach. The main target of this campaign from Smartbook AG seems to be processor powerhouse Qualcomm – and Qualcomm is not taking this lying down. Read on…

What’s the story?

So this company, Smartbook AG, has a product called a Smartbook. It claims that if you refers to a device called a Smartbook and you’re not talking about its product, then you are breaching its copyright. Now, this trademark doesn’t stand in every country in the world. For example, it doesn’t stand in Ireland – so I can call anything I want a “smartbook” and this company can’t do anything about it.

Unfortunately, if I do breach that particular trademark, Smartbook AG can get the story I do it in banned from appearing anywhere in Germany. And this is what happened to Qualcomm, which as a line of products called “smartbooks”. Any page referring to those products can’t be viewing in Germany thanks to Smartbook AG. And today Qualcomm has issued a letter is response. Here are the highlights (they’re juicy!):

“German laptop manufacturer,  Smartbook AG, is engaged in an aggressive campaign to prevent the continued use of the term “smartbooks” by journalists, manufacturers and consumers. Qualcomm… believes [it] is a descriptive and generic term. The term is used by a number of companies, consumers and industry commentators to describe a class of devices that combine attributes of smartphones and netbooks…

Smartbook AG has obtained a Temporary Restraining Order in Germany against Qualcomm… We are contesting the temporary order and are taking steps to cancel the trademark, which we contend is a generic and descriptive term that should not have been allowed as a mark in the first place. The Temporary Restraining Order applies only to Qualcomm; to our knowledge no other orders were issued…

Since Smartbook AG’s action against Qualcomm, it has been seeking to register “smart” trademarks in other countries.  The European Union and other countries have rejected these efforts on the grounds that the term “smartbook” is generic.  Smartbook AG has also publicly stated it would sell the rights to the registered German trademark.  Presumably, the campaign to expand the trademark registrations and the attempts to force journalists and others not to use the term are attempts to increase the sales value of the trademark.”

What we think?

If you’re going to play dirty pool, don’t do it with Qualcomm. We’re talking about a company with a litany of unfair practices court cases in its past. Seriously, watch your ass, Smartbook AG. Qualcomm will destroy you.