Sci Fi Channel Changing to Syfy

The Sci Fi Channel has recently announced that it is planning to change its name to “Syfy.”  As reported on Lawdit Reading Room, the change is part of the channel’s rebranding effort, and an attempt to end confusion on how to capitalize and style the name.  Network officials have stated that “Sci Fi” is a genre, and changing to “Syfy” will make their name more marketable and secure trademark registration and protection.

Will the name change really be that significant?  The name “Sci-Fi” name is so well known, it’ll take some time before the name change reaches everyone.  Thus, the change may initially hinder the success of the channel, rather than helping it.  Furthermore, securing a registered trademark for the change in spelling may not be as straightforward as it seems.

According to the USPTO, a misspelling of a word will not turn a descriptive or generic word into a non-descriptive mark.  One example is how the trade mark C-THRU is the equivalent of “see-through.”  Its possible that an examining attorney will hold Syfy to be the equivalent of Sci-Fi, and therefore merely descriptive of the science fiction television channel.  While there are ways around this rule, the channel will still have to actually use the mark in commerce before the USPTO will register the mark.

The official name change to “Syfy” will take place on July, 7, 2009.

Global Economy Decreasing Trademark Filings

The current economic recession isn’t just impacting patent and trademark filings in the United States, new data has surfaced that shows its slowing the rest of the world’s trademark filings as well.  According to Forbes.com, international filings with the World Intellectual Property Organization increased 5.3% last year.  But, there was a marked slow down in the second half of 2008.

The U.N. intellectual property’s director-general, Francis Gurry, said the following:

Trademarks in general concern new products or new enterprises and in conditions of economic recession you get less of both those two things.  We are experiencing the continuation of that slowdown in the course of this year.

Some more facts from the U.N. intellectual property agency reveal that German companies filed the most trademarks last year, increasing their applications by 2%.  French companies came in second, while U.S. firms came in third even though filings were down 1.5% from the previous year.

Psion Files Countersuit over ‘Netbook’

Last week, we reported that Intel had filed suit against Psion and their use of the “netbook” trademark.  However, Psion has recently filed a countersuit against Intel.  According to TechSpot.com, the lawsuit is almost identical to Intel’s, but Psion is reportedly seeking $1.2 billion.

Psion claims that Intel knew Psion owned the “netbook” trademark, but they still adopted the name.  As Psion stated:

Intel has acted willfully and maliciously, has unlawfully attempted to trade on the tremendous commercial value, reputation and goodwill of the Netbook mark, and has deliberately and intentionally confused and deceived the public as to an affiliation, connection or association of Intel with Psion, and/or as to the origin, sponsorship or approval of Intel’s goods and/or services.

In the original suit filed by Intel, the company claimed that Psion had stopped using the trademark in question.  But as the Channel Register reports, Psion claims it has already sold $13,650 in products under the “netbook” trademark this year.  Psion acknowledges that product sales are declining, but did state that they sold at leat $60,900 in 2008.

While this litigation from Intel was expected, many are questioning the claims that Psion is still successfully selling netbooks.  The two will soon head to court, and we’ll see how this all plays out.

Dell Challenges ‘Netbook’ & Accuses Psion of Fraud

In 2000, Psion trademarked the word “Netbook,” and has aggressively defended the word since.  Recently, Psion sent out cease and desist letters to stop sites from using the term, and Psion even convinced Google to remove netbook from its Ad Words advertising program.  But according to CrunchGear, Dell has issued a petition to cancel Psion’s trademark.

Dell is claiming that Psion has abandoned the Netbook trademark, because Psion does not currently offer laptop computers under the trademark.  Also, Dell states that Psion does not intend to resume use of the trademarked name.

Dell also cited “Genericness” of the netbook term, since many companies now make netbooks as well.  Psion is also accused of fraud, as Dell states that a senior product manager for Psion claimed they had been actively using the term for its notebook computers, even though that was not the case.

It’ll be interesting to see how this legal battle plays out, especially since Psion’s netbook has not been on sale for some years.  Also, since other companies have carefully avoided the netbook term, the outcome of the case may effect the names of future products.

Group Reopening Linens N’ Things after Obtaining IP Rights

Hilco Consumer Capital and Gordon Brothers Brands LLC have announced that they will reopen Linens N’ Things, after the two firms acquired the chain’s intellectual property rights.  The collapse of the home-goods chain started when it filed for bankruptcy last May.

According to Blogging Stocks, Hilco and Gordon now have the rights to Linens N’ Things store-exclusive brands, internet domains, the bridal and gift registry, as well as the company’s brand name.  The two firms plan will be to build on Linens N’ Things existing customer base by expanding into direct-to-retail licensing, wholesale licensing, e-commerce, and retail shop-in-shop.

“We are enthusiastic about the broad demographic appeal of Linens ‘N Things and its highly trafficked website, www.lnt.com.  We believe the licensing program will bring global growth to this premiere home market brand,” said Stephen Miller of Gordon Brothers.

Linens N’ Things is not the first retailer to be rescued by the two, as Hilco and Gordon have also teamed up to buy the rights for Sharper Image and Bombay Co.  If the current recession continues, some have speculated that the shopping list of these two firms may only continue to grow.

Despite Down Market, IP Sales Grow

As many businesses are trying to save money during the current recession, a number are generating cash by selling or licensing some of their trademarks and patents.  One such company that is benefiting from the sale of intellectual property is Ocean Tomo, which provides appraisals, auctions, and other intellectual property services.

According to the Chicago Tribune, Ocean Tomo earned $30 million in 2008, and is expecting a growth of 25% this year.  In fact, the company launched a corporate recovery and restructuring practice to help companies better manage their intellectual property during the downturn.  Also, entrepreneurial firms see opportunity in the selling of intellectual property because it can provide a shortcut to success.  Thus, more customers are perusing Ocean Tomo’s catalog of intellectual property, and can pick up trademarks for a lot less money than a year or two ago.

James Malackowski, chief executive of the intellectual property merchant bank, said that companies are often selling their patents and trademarks.  “In the depressed economy, companies are re-evaluating their intellectual property portfolio.  They’re saying, ‘If we don’t need it, get rid of it.’”

One individual who has reaped success from the current market for IP is Calvert Hawkes, owner of Island Software in Sarasota, Florida.  He recently sold four patents at an Ocean Tomo auction in Amsterdam in June, for a total of about $400,000.  Hawkes had filed the patents himself, and kept the costs to roughly $10,000 per patent.

Yet, one must beware of buying old trademarks or other IP, because often times the buyer still must put money into the brand to make it profitable once again.  However, if you are an entrepreneur or own a start-up, looking into the current buyer’s market in IP could be extremely advantageous.