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Intel sued over the 'Dual Core' trademark |
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Written by Felix Da Silva (fdasilva@bitnip.com)
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Monday, 10 September 2007 |
The
lawsuit filed by DualCor, maker of the cPC ultramobile PC, accuses Intel of misappropriating the DualCor trademark with the result
that DualCor has been "deprived of the value of its trademark as a commercial
asset."
The complaint asks for damages and a permanent injunction against
the further trademark infringement on the part of Intel.
DualCor has been around since 2003 and filed for a trademark on the name in May
2004. The US Patent and Trademark Office (USPTO) granted the trademark in July 2006, but
DualCor says that Intel was aware of DualCor and its name as far back as
December 2003.
Intel started using the 'Dual Core' mark as part of its product labeling for its desktop and laptop chips in December 2005, 19 months after
DualCor filed for its trademark.
However, Intel is not the only company to the 'dual core' name in its
branding. AMD offers the Athlon
64 X2 Dual-Core Processors while PA Semi have the PWRficient 1682M's 'dual core platform.'
I do not think that these companies are using these marks as a trademark use but more of a description of its products. If it is not a trademark use, then it would not be a trademark infringement.
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