DualCor Sues Intel for Using "Dual Core" Moniker
September 5, 2007 4:40 PM
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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
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.
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
(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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9/5/2007 6:02:17 PM
How can someone be sued over a 'description' of a product? As in the name of the product is a 'Core 2 Duo' which
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!
9/5/2007 7:32:27 PM
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.
"Intel is investing heavily (think gazillions of dollars and bazillions of engineering man hours) in resources to create an Intel host controllers spec in order to speed time to market of the USB 3.0 technology." -- Intel blogger Nick Knupffer
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