Irvine Company, IBM Settle Fight Over Trademark

IBM has claimed a legal victory over AST Research of Irvine in a trademark infringement suit involving AST’s use of the PS/2 trademark that designates IBM’s new personal computer line.

In an out-of-court settlement, AST agreed not to use PS/2 to promote its new line of products for use with IBM’s new personal computers.

AST, however, said that the settlement allows it to continue using the suffix “/2” in the name of two accessory boards, Rampage/2 and Advantage/2, that AST markets to boost the data storage capacity of IBM’s new personal computers.

And AST paid no damages, attorneys’ fees or other financial settlement to IBM, which has been diligent in filing suits to stop accessory makers from trading on its new product lines.

IBM’s suit against AST was viewed by some industry observers as a warning to competitors that might attempt to copy, or “clone,” the IBM line. Two weeks ago, AST introduced several computer models that offer some of the advanced features of the PS/2 line, but the company asserts that they are not clones of the IBM machines.

IBM spokesman John H. Mihalek said Tuesday that the giant computer maker will continue “to take appropriate steps to protect our intellectual property rights, including the PS/2 trademark. . . . This is not a new policy, practice or approach.”

In September, IBM and Orchid Technology of Fremont, Calif., settled a similar suit out of court.

AST drew IBM’s ire with a series of ads that began running in April under a headline that read: “PS/2 Memory. Our Name Says It All.” The ad promoted the AST Rampage and Advantage boards.

“If you read the slogan, it does kind of imply it (the AST product) is supported by IBM,” AST spokesman Robert Maples said Tuesday. He said the company stopped using “PS/2” in its ads after IBM voiced its objections.