SALT LAKE CITY--()--ISYS Technologies, Inc. today filed a lawsuit against Google alleging that the search giant is violating and interfering with the trademark for its ChromiumPC™ Modular Computer.
“This is also true of the ChromiumPC Modular Computer, which is capable of running open source operating systems and browsers, but will not ship pre-loaded with a Google licensed OS.”
The suit seeks an expedited temporary restraining order and preliminary injunction against Google and its partners (Acer, Amazon.com, Best Buy and Samsung) to stop further marketing efforts of the Chromebook and Chromebox PC products, as well as plans to begin selling these PC products on or about June 15, 2011. All five companies are named in the federal lawsuit that was filed in the United States District Court for the District of Utah in Salt Lake City, Utah, as Case No. 2:11-CV-507 CW.
ISYS Technologies, Intellectual Property Management and Xi3 Corporation Background
ISYS Technologies is an intellectual property management and holding company that was formed in 2002. ISYS Technologies holds issued U.S. patents surrounding the Xi3® Computer Architecture, intellectual property that forms the foundation for the Xi3 Modular Computer. Given the valuable nature and potentially industry-changing nature of the Xi3 Computer Architecture, ISYS Technologies management chose to seek and obtain substantial patent and intellectual property protection for ISYS’ market entry of its Xi3 Modular Computer and the Xi3 Computer Architecture.
ISYS Technologies is pursuing various intellectual property protections in scores of countries around the world. Xi3 Corporation was formed as a subsidiary of ISYS Technologies in 2010 to support plans to expand sales of the Xi3 Modular Computer, ChromiumPC computers and related Xi3 Computer Architecture products in 2011.
In November 2009, however, ISYS Technologies announced its intent to support Internet-based operating systems on its Xi3 Computer Architecture platform when it launched its ChromiumPC blog at http://chromiumpc.blogspot.com. In June 2010, Xi3’s parent company, ISYS Technologies, filed for trademark registration of the ChromiumPC brand for hardware with the United States Patent and Trademark Office. Interim approval for the ChromiumPC registration was determined by the Trademark Office in October 2010, and the application was “published for opposition” on November 23, 2010.
Xi3 ChromiumPC Modular Computer Background
On May 20, 2011, further details about the General Availability of the ChromiumPC Modular Computer were released, describing it as the world’s first desktop able to run open source, Internet-based operating systems. Slated for general availability in the second half of 2011, the ChromiumPC is a version of the company’s Xi3 Modular Computer which was formally unveiled in 2010 and named by the Consumer Electronics Association as an Innovations Award Winner in the Computer Hardware category for the 2011 International CES trade show.
“As I noted in the May 20 ChromiumPC news release, ‘The Xi3 Computer Architecture is designed to support any x86-based operating system, including Windows, Linux, Unix, and other open source-based operating systems,’” said Jason A. Sullivan, president and CEO of ISYS Technologies. “This is also true of the ChromiumPC Modular Computer, which is capable of running open source operating systems and browsers, but will not ship pre-loaded with a Google licensed OS.
“We do not begrudge anyone the ability to create new products and take them to market, unless they infringe on our intellectual property. For more than 18 months, we’ve been using, marketing, promoting and selling ChromiumPC Modular Computers. But in spite of our sincere efforts to resolve this matter amicably with Google, we’ve clearly reached an impasse. So for now, we feel we have no other choice than to request the assistance of the court to protect us in this very critical matter regarding ChromiumPC.”
Legal Summary of ISYS Technologies, Inc. vs. Google, Inc., et.al.
Todd E. Zenger, shareholder and intellectual property litigation specialist for the Salt Lake City-based law firm Kirton & McConkie, is the lead attorney for ISYS in its lawsuit against Google, et.al. According to Zenger, the two following paragraphs come from the formal Introduction to the ISYS complaint filed today:
“ISYS Technologies, Inc. is the user and owner of the mark ChromiumPC for use on computer hardware. This use began in 2009. In 2010, ISYS filed for trademark registration thereby providing constructive notice to all including Google of ISYS’ ongoing intentions to brand computer hardware with the ChromiumPC mark. In November 2010 and January 2011, Google knew that ISYS received significant awards through its Xi3 subsidiary at national computer tradeshows for new computer hardware being readied for market launch. Google has now opposed ISYS’ application for ChromiumPC relying upon the name of open source software called Chromium OS by Google and by many, independent open-source developers over which and over whom Google exercises no material control.
“Knowing of ISYS and its intentions and preparations for large-scale manufacturing and selling of computer hardware, Google was privately preparing new hardware products and filed a trademark application in February 2010 for SPEEDBOOK for computer hardware. When Google’s plans to use SPEEDBOOK for a new PC hardware product were derailed by the owner of another SPEEDBOOK mark in late 2010, Google switched its behind-the-scenes efforts to CHROMEBOOK for PC hardware products while delaying ISYS’ trademark registration by filing unnecessary extensions of time until Google publicly launched its new hardware PC products on May 11, 2011 and thereafter demanding that ISYS cease and desist using its ChromiumPC mark and abandon its application for registration. This causes damage and irreparable harm to ISYS. ISYS seeks an expedited review of the matters, invalidation of Google’s claims to rights in the mark CHROMIUM and an injunction to prevent the sale of computer hardware by Google bearing a mark confusingly similar to ChromiumPC, namely, CHROMEBOOK and/or CHROMEBOX for PC hardware products.”
About ISYS Technologies, Inc.
Formed in 2002 and headquartered in Salt Lake City, Utah, ISYS Technologies is an intellectual property management company.
About Xi3 Corporation
Formed in 2010 and headquartered in Salt Lake City, Utah, Xi3 Corporation has brought a new type of computing to the world – modular computing – initially in the form of the Xi3 Modular Computer. For more information on Xi3 Corporation (an ISYS Technologies company), please visit www.Xi3.com.
ISYS and ISYS Technologies are service marks of ISYS Technologies, Inc. The shape of the three-sided single piece casing, the end plate, and the overall shape of the Xi3 Modular Computer, as well as Xi3, ChromiumPC, Modular, and Xi3 Modular are trademarks and unique trade dress of ISYS Technologies, Inc. All other trademarks are the property of their respective owners.