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DualCor files suit against Intel over Dual Core name long after Intel starts Dual Core marketing campaign

At CES 2006 DualCor announced a particularly interesting UMPC (for 2006) called the cPC handheld. DualCor uses single-core Intel technology inside the cPC device.

The fact that DualCor uses Intel processors in the cPC didn’t stop the company from filing a lawsuit in the San Jose district court against Intel over the use of the "Dual Core" moniker Intel uses for their CPUs.

DualCor changed its name from GSVI in December 2003 to DualCor and trademarked the DualCor name in 2004. There are no U.S. trademarks for "Dual Core" in the electronics or technology sectors.

DualCor claims in its suit that by using the "Dual Core" name, Intel is likely to cause confusion, mistake, or deception amongst consumers. For many the only confusion will be the fact that few have probably ever heard of DualCor.

DailyTech contacted both Intel and DualCor for comments on the pending litigation. Intel’s Chuck Mulloy had this to say about the suit, “While Intel respects the intellectual property rights of others we believe DualCor is mistaken in its allegations. As is our normal practice we would hope to settle the case amicably but we intend to defend this case vigorously if DualCor continues to pursue it.”

DualCor did not respond for comment on the suit it filed.

DualCor is seeking monetary damages for past violation of its DualCor trademark as well as an injunction to keep Intel from using the Dual Core name further.

You can see the court filing on DailyTech (PDF).  A search on open civil cases reveals there is currently no pending suit against other microprocessor companies that sell dual-core processors, including AMD.


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What the...?
By tronied on 9/5/2007 5:46:25 PM , Rating: 5
Ok, years after Dual Core was first mentioned, they suddenly show up now and take a pop at Intel? No mention of AMD anywhere either? And besides, what else are they going to call it other than Dual Core And Quad Core... Single +1 or +3 Cores. They arn't even called 'Dual Core' either, they are called DualCor being one word which misses the 'e'. Therefore surely they can only sue on the word dual which I am sure exist in many companies names. This seems like a poor excuse to try and get some money if you ask me, and I hope the judge (or whoever) laughs them out of court.




RE: What the...?
By masher2 (blog) on 9/5/2007 6:24:45 PM , Rating: 5
> "They arn't even called 'Dual Core' either, they are called DualCor being one word which misses the 'e'."

Trademarks protect not only the original mark, but similarities in appearance or pronunciation...which explains why I can't market a drink called "Koka Kola".

However, Intel doesn't appear to be using "Dual Core" as a trademark, but simply a descriptive term. In that case, there is no protection granted, and the suit would seem to fail.


RE: What the...?
By tdawg on 9/5/2007 7:13:03 PM , Rating: 3
Exactly


RE: What the...?
By retrospooty on 9/5/2007 10:04:06 PM , Rating: 2
Exactly... and the product is not called the Intel dual core processer, it is the Intel Core2 duo processor. Case closed. I should be a judge =)


RE: What the...?
By Samus on 9/5/2007 10:40:19 PM , Rating: 3
Intel's lawyers will probably take care of this one overnight. Story on Monday.


RE: What the...?
By imperator3733 on 9/6/2007 12:31:33 AM , Rating: 2
I think the processor they're complaining about would be the Pentium Dual-Core. Note the hyphen and the e. I also consider the "Pentium" part of that brand to be the main name and the "Dual-Core" is like Pro, II, III, 4, D, M, etc.

This is the most rediculous lawsuit I've ever heard. It's even worse than the lawsuit that some person filed saying that MS misled consumers about upgrading for $100 (http://www.dailytech.com/article.aspx?newsid=6774)...


RE: What the...?
By cochy on 9/6/2007 1:13:14 PM , Rating: 2
Actually it is:

Pentium Dual-Core

E2140/60


RE: What the...?
By cochy on 9/6/2007 1:14:14 PM , Rating: 2
quote:
I think the processor they're complaining about would be the Pentium Dual-Core. Note the hyphen and the e. I also consider the "Pentium" part of that brand to be the main name and the "Dual-Core" is like Pro, II, III, 4, D, M, etc.


woops ya what he said. Didn't read further down enough.


RE: What the...?
By drebo on 9/5/07, Rating: 0
RE: What the...?
By 2ManyOptions on 9/6/2007 5:31:40 AM , Rating: 2
"Dual Core" would be my first and simple description to tell consumers that, hey this CPU has 2 cores (if they do care).
I doubt anyone would make that "2 CPU cores on 1 die" as a marketing statement!!
I think AMD has this product, X2 Dual-Core ...
But it's not about Intel or AMD it's about the least logical way in which you can file a lawsuit.
Waiting for the next one in queue now :)


RE: What the...?
By ectobuilder on 9/6/2007 1:28:40 AM , Rating: 3
"Dual Core" is to "Core Duo" (or "Athlon X2") as "tissue" is to "Kleenex".

Thus the term "Dual Core" is a generic term for a whole family of terms, it essentially refers to an era in computing -- the beginning of the multi-core era, an important period in humanity.

The judge in this case should realize this and not penalize Intel. The company DualCor has patented the term "DualCor" and not "Dual Core" and should not be allowed to obstruct the use of the generic term.


RE: What the...?
By ectobuilder on 9/6/2007 1:29:09 AM , Rating: 2
"Dual Core" is to "Core Duo" (or "Athlon X2") as "tissue" is to "Kleenex".

Thus the term "Dual Core" is a generic term for a whole family of terms, it essentially refers to an era in computing -- the beginning of the multi-core era, an important period in humanity.

The judge in this case should realize this and not penalize Intel. The company DualCor has patented the term "DualCor" and not "Dual Core" and should not be allowed to obstruct the use of the generic term.


RE: What the...?
By JackPack on 9/5/2007 8:17:15 PM , Rating: 3
It hasn't been years.

The "Pentium Dual-Core" branding was recently introduced, first for notebooks and now for desktops.

But since Intel will no longer market the number of cores through naming in January 2008, this complaint will probably be short lived.


RE: What the...?
By HrilL on 9/6/2007 11:16:26 AM , Rating: 2
As for AMD I don't believe they use dual core in their branding. X2 and soon to be X4 ...


RE: What the...?
By Roy2001 on 9/6/2007 1:05:10 PM , Rating: 2
I think Intel/AMD should call it half quad core.


RE: What the...?
By Roy2001 on 9/6/2007 1:05:26 PM , Rating: 2
Or double core :)


RE: What the...?
By PrinceGaz on 9/6/2007 2:16:42 PM , Rating: 2
'Twin-core' would seem like a good alternative name, and probably more accurate as I believe the two cores are identical ('dual-core' could refer to a chip with two quite different cores).


did Intel trademark Dual Core?
By soydios on 9/5/2007 5:34:48 PM , Rating: 4
If Intel trademarked "Dual Core" then I could see this being a problem. Otherwise, using "Dual Core" to describe a processor is just like using "V6" to describe a car: it's a generally accepted description of the contents of the product or the product itself.




RE: did Intel trademark Dual Core?
By Lazarus Dark on 9/5/2007 6:19:48 PM , Rating: 3
exactly
quote:
A search on open civil cases reveals there is no currently pending suit against other microprocessor companies that sell dual-core processors, including AMD.

"dual core", uncapitolized, is just a general term, like microprocessor or northbridge. Intel's trademarked term is Core Duo or Core 2 Duo, which sounds nothing like DualCor.
This lawsuit is completely without merit and most likely just an attempt to get publicity for their company that no one cares about.


RE: did Intel trademark Dual Core?
By fic2 on 9/5/2007 7:28:31 PM , Rating: 2
How many companies has Intel sued that just have the word Intel in their name someplace. I seem to remember there was one company that did intelligence gathering (aka spy company) that was Something Intel that Intel sued. Wasn't even in the computer biz.


RE: did Intel trademark Dual Core?
By zsdersw on 9/5/2007 8:10:46 PM , Rating: 3
And that justifies this lawsuit? No, it does not. If one's wrong and unjustified, so is the other.


By Pythias on 9/6/2007 4:32:41 PM , Rating: 1
Of course it does, silly. Its INTEL.


RE: did Intel trademark Dual Core?
By tdawg on 9/5/2007 7:11:44 PM , Rating: 2
If Intel federally registered "Dual Core" with the USPTO as a trademark, then DualCor wouldn't have that strong of a case, since the USPTO would have allowed the two to co-exist, after looking at possible consumer confusion and all that.

I do agree that Intel is just using the term "Dual Core" to describe the features of the processors, not using it as a name. You can't block a company from using everyday words to describe their product.


RE: did Intel trademark Dual Core?
By Spivonious on 9/6/2007 8:49:47 AM , Rating: 5
I just thought of this. V8 should sue all major car makers, since they put V8 on the back of the car. Consumers might get confused and think they're buying cabbage juice instead of a car.


RE: did Intel trademark Dual Core?
By rcc on 9/6/2007 6:46:17 PM , Rating: 2
Ah, but how long has V8 juice been in business?


By catavalon21 on 9/6/2007 11:24:34 PM , Rating: 2
For over 70 years, according to the manufacturer's website...

http://www.v8juice.com/v8.aspx?ProductID=2463

Now, how long has it been a trademark? Hmm...


Dumb DualCor
By marsbound2024 on 9/5/2007 5:56:54 PM , Rating: 2
How much more matter of fact can you get? Dual core means two cores! It's not as if Intel called processors with two cores "2Speed" or something else that is less matter-of-fact and more about the name (which if there was a company called "2Speed" I can then start to understand).

Anyways, AMD also says "Dual Core" even if their products are noted as X2 (Intel says Core2 Duo to officialize it and this is a far cry from "DualCor"). This vague company "DualCor" is making a frivolous lawsuit. They might as well sue Advanced Micro Devices, too! While they are at it, sue all companies who ever talked about having dual core products...




RE: Dumb DualCor
By clnee55 on 9/5/2007 11:16:27 PM , Rating: 2
This will help to advance technology. Companies no longer make dual core, they will jump straight to quad and octo core. LOL


RE: Dumb DualCor
By imperator3733 on 9/6/2007 12:34:37 AM , Rating: 2
Nice!


*runs to patent office*
By DeuceHalo on 9/5/2007 10:00:51 PM , Rating: 2
I guess now is the time to create my own company named Octo-Core™ and trademark it.




RE: *runs to patent office*
By Duwelon on 9/5/2007 10:50:20 PM , Rating: 2
Shhhhhh, you never know what some slimeball business-snakes will try. I imagine the joke of a company like Phantom entertainment, formerly Infinium labs sits around on their overstressed chairs if you get my meaning, just trying to come up with ways to make money like this.


RE: *runs to patent office*
By Omega215D on 9/6/2007 1:51:00 AM , Rating: 2
I present you: QuadPod.... wait Apple... QuaddPodd!.


Another stupid suit.
By Fusible on 9/5/2007 5:43:13 PM , Rating: 5
I can't believe what people sue for these days, this just stupid. I hope the judge tosses this one out, this outrageous. And I'm an AMD guy, and I think this suit is stupid. Frivolous I tell you, frivolous...




Reminds me of....
By iGo on 9/5/2007 7:39:05 PM , Rating: 2
Mike Rowe and his website... MikeRoweSoft.com, which was sued by Microsoft as his website sounds phonetically similar to their own.

Then.....Corporate Giant suing an individual over similar sounding name, and Now.... some unheard (how big is this company, I'm guessing small) company suing Corporate Giant over regular descriptive term sounding similar to their name.

:)




RE: Reminds me of....
By clnee55 on 9/5/2007 11:13:50 PM , Rating: 3
This is not about Dual Core or DualCore or DualCor, not about AMD or Intel either. It is about greed. When there is money, there is lawyer. As many MInesota people say: when temperature falls below -40, the lawyers put their hands in their own pockets

Cn.


Boycott?
By Sunday Ironfoot on 9/5/2007 6:02:17 PM , Rating: 2
How can someone be sued over a 'description' of a product? As in the name of the product is a 'Core 2 Duo' which is a 'dual core processor'. If I sold a range of T-Shirts that were yellow and had 'yellow T-Shirt' as the description could the 'Yellow T-Shirt' company sue me for copying right infrigement, I think not.

I say boycott any company that files these bogus lawsuits!




RE: Boycott?
By deeznuts on 9/5/2007 7:32:27 PM , Rating: 2
It's not just a description. If the advertisement had read:

Core 2 Duo is a dual-core processor etc. etc.

That would be fine. But if you read the complaint, Intel says.

"Dual-Core. Do More."

Although I agree the suit is without merit, it is not just a description.


Really?
By sxr7171 on 9/5/2007 6:18:17 PM , Rating: 3
Oh yeah? I hope this lawsuit bankrupts this 3rd rate money grubbing nobody of a company. If you can't succeed, just sue.




Stupid Lawsuit
By quickk on 9/5/2007 10:44:10 PM , Rating: 3
This is the dumbest thing that I have ever heard.




Coincidence? I think not!
By Captain Orgazmo on 9/6/2007 1:08:28 AM , Rating: 2
…the DualCor spokesperson went on to deny any connection between the lawsuit, and the recent hiring of Judge Roy Pearson as legal consultant…

On a completely unrelated topic, see:
http://en.wikipedia.org/wiki/Pearson_v._Chung




You don't get the point
By bigdawg1988 on 9/6/2007 7:37:56 AM , Rating: 2
The point isn't them winning - they've already WON! How many of you ever even heard of DualCor before the lawsuit! Now you have!! Almost free publicity (filing fees being the major cost - minimal) for some little pansy company. Saves lots of money on ad dollars!! Now, someone may actually buy their products!




zomg AMD is nex!!!!11111!!!
By Pythias on 9/6/2007 4:28:01 PM , Rating: 2
quote:
AMD Turion™ 64 X2 Dual-Core Mobile Technology


http://www.amd.com/us-en/Processors/ProductInforma...




ummm
By sirius4k on 9/7/2007 8:29:08 AM , Rating: 2
Where did those morons come from all of a sudden?? :S




"The whole principle [of censorship] is wrong. It's like demanding that grown men live on skim milk because the baby can't have steak." -- Robert Heinlein

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