Move Seen as Warning to Cloners : IBM Sues AST, Alleges Trademark Infringement
In an apparent effort to scare away cloners of its new line of personal computers, IBM has filed trademark infringement suits against two computer accessory makers, including AST Research Inc. in Irvine.
The suits, filed in the U.S. District Courts in Los Angeles and San Francisco, allege that AST and Orchid Technology Inc. of Fremont misused IBM’s trademarked name of its new system, “PS/2,” in a recent series of ads.
In addition, the suit against AST accuses that the company of violating IBM’s trademark by using the suffix “/2” in the name of two new AST products, “Rampage/2” and “Advantage/2,” two accessory boards that increase the memory storage capacity of the new line of IBM personal computers.
IBM said Monday that it is “in settlement discussions with both companies” and would not comment further on the matter.
AST treasurer Dennis Leibel said his company had pulled the offending ads and believes the suit will be settled “shortly, and with no penalties.” IBM had asked for unspecified damages in both suits, which were filed last month.
Although the suits involve ads and not actual hardware, they were viewed by some industry insiders as bids by the giant computer maker to notify competitors that it will protect its new “Personal System/2” computer line from the clone-makers who have taken a large piece of the PC business away from IBM by boldly imitating its initial product line. As a result, IBM’s share of the PC market has dwindled in the last several years.
The clone-makers enjoyed a relatively easy time copying the first IBM personal computer system because IBM deliberately used off-the-shelf parts and an “open” design to encourage widespread use and acceptance of the system.
However, with the new PS/2 line, IBM acknowledges that its strategy has changed. The new line, which is gradually being introduced, includes hardware and software with anti-copy protective features and, IBM contends, will require, at the least, a license agreement from IBM to legally copy.
