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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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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.


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