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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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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
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...

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

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