Freedom of speech
Not only do we resent being told what we're allowed to write by some faceless German lawyer, but the Trafigura case shows that attempts to control the flow of information by legal methods are futile. In the Internet age there are just too many ways information can find its way into the public domain.
So that begs the question: why has Smartbook AG sent us this letter? Surely they can see that the genie is already out of the bottle. Furthermore, it hasn't even registered the trademark in the US, China, or countless other countries so what does it expect to achieve by threatening a few European journalists?
Also, we can't find any evidence of Smartbook AG selling its products outside of Germany. How can it register a trademark in countries where it has no presence?
Our feeling is that it's an indirect way of pressuring Qualcomm into settling the matter out of court and buying the trademark for as high a price as possible. Qualcomm has recently issued a statement on the matter, which said this about the TRO:
"The German court did not extend its provisional order to other parties; nor does it reach outside Germany; and nor does it prevent news organisations from reporting news. Further, it does not actually prohibit the use of the term; it allows the use of the term with the appropriate disclaimer.
"[Qualcomm was recently granted a Temporary Restraining Order in Germany against Smartbook AG which now prevents Smartbook AG from misrepresenting the terms of the order against Qualcomm, both on Smartbook AG's website and in letters to the media.] In fact Smartbook AG has now revised its website to correct these misrepresentations of the scope of the TRO."
In its letter to HEXUS, Smartbook AG included the following paragraph: "That the use of the trade name "SMARTBOOK" is not permitted by a third party - decided in court in the case of the company Qualcomm Inc. - within the trademark region of our client has been confirmed by the resolution of August 13, 2009 at the District Court Cologne (reference: 31 O 482/09 - still to be legally established)."