updated 05:05 pm EST, Thu January 28, 2010
Qualcomm wins order against Smartbook AG
The latest development in the legal battle between Smartbook AG and Qualcomm over the use of the term 'smartbook' reveals that Smartbook AG wasn't accurate in its touting of a victory in a German court. Smartbook AG did win a temporary restraining order against Qualcomm of using the term, it only prevents Qualcomm from using it in Germany and does not cover any other manufacturer or news source. Smartbook AG also received a reprimand from the German courts for misrepresenting its victory.
Qualcomm could use the word smartbook on German sites only if it includes a disclaimer that says the right in the mark in Germany are owned by Smartbook AG. The chipmaker is appealing the temporary restraining order as well. In these efforts, Qualcomm was granted a Temporary Restraining Order of its own from German courts that has Smartbook AG restricted from misrepresenting the terms of its TRO on the web and in letters to the media in an attempt to scare them into submission. The German computer maker has since changed the wording on its website to meet these restrictions.
Smartbook AG is attempting to trademark the term in other countries, though with little success, and has publicly admitted it plans to sell rights to the word. Qualcomm feels Smartbook AG's campaign to keep people from using the term is an attempt to increase the value of these trademarks.