Intel Corporation v. Americas News Intel Publishing LLC

Americas News Intel Publishing, LLC’S Reply Submissions in Support of its Motion to Dismiss Intel Corporation's Complaint for Trademark Infringement, etc.

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TechDirt.com:

"Chip giant Intel has a bit of a reputation for being a trademark bully at times, threatening or suing many companies just for having 'intel' in their name somewhere -- including a travel agency and a jeans company.... Intel's lawyers seem to go out of their way to find potential infringement where there obviously is none at all.

"Paul Alan Levy alerts us to the latest such case, where Intel has sued the operators of the Mexico Watch newsletter, because its domain is LatinIntel.com. Of course, the reason for that is that it is using the commonly accepted abbreviation of "intel" as short for "intelligence." It's common shorthand, especially within government circles, to refer to gathered intelligence as simply "intel." The owners of the site explained this to Intel, and in return were given a boilerplate explanation about trademark law, insisting that since Intel's trademark is so valuable, it still has to stop others from using it -- even if they're in a totally different business, which is an interesting interpretation of trademark law, and one not supported by the courts in most cases.

"More importantly, no one is going to look at LatinIntel.com and confuse it for the world's largest computer chip maker. No one is going to look at that site and wonder how come they can't order a Centrino processor. There's simply no confusion at all... [A]fter more than two years of this back and forth, Intel sued Mexico Watch, even though it's not even close to competitive and any "moron in a hurry" (as the popular trademark test notes) would clearly know the difference between a site about Mexican politics and a company selling microprocessors."

www.techdirt.com/articles/20091117/1151596970.shtml

This is the motion to dismiss that lawsuit.

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Published In: Business Torts Updates, Civil Procedure Updates, Communications & Media Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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