By Tony Hallett, 26 July 2004 08:55
NEWS A small UK private detective agency has hit back against chip giant Intel after receiving a request to change its name.
Yorkshire-based 7intel is thought to be one of two dozen or so British businesses whose name features 'intel' and - echoing legal action revealed by silicon.com in 2000 - the California company believes it has a case against the outfit for 'passing off'.
However, 7intel has accused Intel of "a thinly veiled attempt to bully them into handing over their legally owned collateral, websites and trademarks".
A press release issued by 7intel, entitled 'Oops they did it again', says Intel lawyers Howrey, Simon, Arnold & White "has written threatening to sue a number of the 26 UK businesses whose title contains the word Intel, completely irrespective of these organisations [sic] actual area of operation/trade".
7intel is run by Gary Stapleton. He contacted Intel's UK lawyers after thinking there had been a mistake, given his firm's area of operation.
"On behalf of Intel, who do not hold any private investigators licence in their home state (California), Mr Nicholas Bolter at Howrey assured Gary both verbally and in writing that Intel intended to prosecute for 'passing off'," the release continued.
The statement goes on to accuse Intel of getting "poor legal advice" and calls the company's ethical trading policies "bizarre".
Intel did not respond directly to the allegations from Stapleton and 7intel. However, the company issued silicon.com with a statement saying: "The Intel brand is one of the most valued brands in the world. Over the years we have invested billions of dollars to create that value. Like any other asset we have an obligation to our shareholders to protect that asset.
"Unlike other intellectual property, trademark law requires a company like Intel to take proactive steps to protect its trademark or run the risk of losing rights in the trademark."
While it is thought there have been other small companies who are taking on Intel in its latest round of legal action, Stapleton goes on to say there are likely those who won't be able to put up a fight, "terrified at the prospect of huge legal bills".
As such he is setting up a website and service dedicated to such causes at www.piedpiper.me.uk.
The Intel statement ended: "Intel generally tries to work with companies and individuals to amicably resolve trademark disputes."
Comments
There are 8 comments. Join the discussion
1. Joe Buckley
This is complete nonsense, There are a number of set areas of activity, (about 25 or so from memory) within whic a trademark can be protected.
For example I work with a company called Zetec, which has been in existance (industrial testing equipment and services) for around 35 years. An italian Ice-cream equipment company uses the same name, and of course Ford started using it for a type of engine a few years back. None of this causes anyone any problems.
If Intel push the cases, I'm sure there must be a company somewhere that has been using 'intel' in a trademark for longer - I'm sure they could countersue to stop Intel using the name - might be entertaining!
2. Josepphine Bacon
This type of bullying is now common. It is initiated by greedy lawyers who think that because they have a famous client IMicrosoft, Sky, Intel, etc.) they can persecute anyone with a similar name, even if they are in a completely different area of business, and threaten them. But they don't always win. A friend of mine had a translation company called Future Perfect a few years ago. He was sued by Microsoft's lawyers (Clifford Chance) who had the bright idea that anything with the words "Perfect" in the name would be actionable, even though the actual name "Future Perfect" had not been registered. The big guys lost!
Furthermore, in the United States there is indeed HUGE confusion over names because different companies can register the same name in different states, quite legally, as company name registration comes under State law rather than Federal law.
3. Robert Privett
How long before Intel takes on the might of the armed forces for the use of its name in Military Intelligence or is that a case of no contest?
4. Peter Danckwerts
'Intel' has been used as an abbreviation for 'intelligence' (in the sense of information) for many decades. It is surely unacceptable that any commercial concern should expect to control the use of any word in fields unrelated to their activities.
At this rate, it will only be time before some American corporation will appropriate the word 'and' and prohibit us from using it.
5. anonymous
As for the brand name, give me AMD anyday.
6. anonymous
Will we all be liable to remove all the lintels from our buildings? My latest architectural plans and specifications mention them a number of times.
7. Tim Jackson
Intelligent readers beware. You are next!
8. Lionel A Smith
I know of a case where a software developer in the UK had long used a particular name for his image aquiring and editing software only to be pressured into changing by a more recently active, but better healed and larger, US software company trading under the same name.
As Joe Buckley writes, 'This is complete nonsense ,,' and can get out of hand.
Stand up to these unethical, bullying practices.