Please note that we received a complaint from the trademark owner of NETBOOK. In their complaint, the trademark owner stated that they are the owner of the mark and that its use in certain advertisements is not authorized.They went on to explain that there is no avenue for recourse with them:
If you disagree with the trademark owner's assertion of exclusive rights to use the trademark, we encourage you to contact the trademark owner directly. Google is not in a position to arbitrate these disputes.This ban is one of Intel's gripes in its federal court filing, and presumably one of the primary sources of damages (curiously while Psion have prevented others from listing ads there's no word of them having listed their own - nothing to advertise perhaps?):
You'll recall that we asked for the following:
--------- Forwarded message ----------So it looks like we may well have to wait either for Psion to relinquish the trademark or for it to be taken from them before manufacturers and retailers will be able to advertise via this channel in affected territories (e.g. most of the western world) again.
From: Save the Netbooks
Date: Thu, Feb 19, 2009 at 2:10 PM
Subject: Public complaint about "NETBOOK" trademark subject to pending cancelation
To: Google Advertising Legal Support Team
Dear Sir/Madam,
Psion Teklogix' "NETBOOK" trademark is now the subject of a Petition for Cancellation[1] filed by Dell Computer, Inc. on the basis of:
* Abandonment
* Genericness and
* Fraud
Accordingly we believe that it is inappropriate that a ban be maintained on a term over a trademark which is now clearly unenforceable, knowing that many businesses (including Google's) are being harmed the entire time this ban is in effect.
Save the Netbooks
http://www.savethenetbooks.com/
1. http://ttabvue.uspto.gov/ttabvue/v?pno=92050564&pty=CAN&eno=1
Is there any precedent for AdWords denial of service on such a large scale (bearing in mind that the netbook industry is now a multi-billion dollar industry)?

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