Firmware warfare: a software-hardware tangle
"Development and implementation of computer programs* "
Tychon -Dell- Tychon
Tychon won the opposition against Dell's trademark infringement before the Opposition Board of OHIM, the EU-Office for Harmonization in the Internal Market. The Board's decision could be simplyfied by this new definition:
FIRMWARE = SOFTWARE + HARDWARE
A new, smart, international and individualized classification* by Tychon for goods and services adapted to the higher technology strategy of sE world, related to an overarching business-method on the internet or other global networks. After deposition of the idea locked-in in the E-trademarker sE, Dell immediately recognized it's unique potential and just copied it in the most blatant way.
The registration of the smart and competitive ideogram with inherent (ideo-)grammar as a wordmarker-concept for methodic business implications has been to much to handle for this most aggressive market player.
- Microsoft's software-monopoly related abuse of market positions took the European Commissioner Neelie Kroes -cum sui- 9 years of continuing damage and costs to even determine the nature, context and extend.
- Dell's hardware market position consolidated by very aggressive intellectual property warfare is now regressing by nature and due to apperently more responsible, sustainable and transparent market development helped by .Exxell disclosures regarding 8 years of E-Battle with Dell who was not able to register their application with the European Office for Harmonization in the Internal Market -OHIM- due to persistent insight, overview and efforts of Tychon, even withstanding bad faith and subversive activities and actions of his own trademark lawyer prof. mr. T.M. Kolle of Heitmann von Meding, Amsterdam... leading to the forced withdrawal of appeal proceedings for now - until I find somebody capable of representing me or the court take a meaningful decision to hear me as the only specialist left.
This not only amounts to the overall picture that Dell controls most trademark attorneys' and lawyers' offices by strategically and artificially provoking and securing very effective internal 'conflicts of interests' , thus cutting posibilities for third parties to defend themselves against Dell's trademark infringements, but also that Dell's in-house judging contacts within OHIM (see below, Dr. Andreas Renck, a too close contact of the ex-head of the OHIM Opposition Division, Marcel Boulogne)and the UK Patent Office becomes a structural given as we will prove with documents gathered during Opposition and Court proceedings.
Dell quietly complies
One of the fringe benefits of the turmoil at Merrill Lynch and Citigroup last week is that Austin-based Dell Inc quietly filed five 10-Qs, a proxy statement and last year’s 10-K (see this previous post about Dell's delinquent filings). The filings contain restated financial information stretching from 2003 to the first fiscal quarter of 2007 and brings Dell into compliance with Nasdeq rules regarding filing of periodic financial reporting. Jack Ciesielski in this AAO Blog post does the heavy lifting in analyzing Dell's filings.
Will Dell be saved by the Apple Rule?
It's been anything but a smooth ride for Austin-based Dell, Inc. since founder Micheal Dell announced that he was stepping aside as CEO almost three years ago. The saga came full circle this week as the company announced that Dell was replacing his replacement as CEO, Kevin Rollins.
Unfortunately for Dell investors, it's far from clear that Mr. Dell's return as CEO will have the same effect on Dell as the return of Steve Jobs had on Apple, Inc. Dell has several serious systemic problems with its business model that will be difficult and expensive to overhaul. Was Jobs prophetic last January?
Meanwhile, a class action shareholder's lawsuit this week hammered Dell, Mr. Dell and others with allegations of potential criminal wrongdoing. The lawsuit alleges that Dell's profits were inflated by hundreds of millions of dollars in quarterly rebates from Intel that Dell did not properly account for and disclose (sound familiar?). The lawsuit contends that Dell was receiving as much as $1 billion a year in what are characterized as "secret and likely illegal" kickbacks by Intel to ensure that Dell would use no other chip supplier. Of course, as these stories go, all of this was supposedly going on as Dell executives sold billions of dollars in Dell shares. Dell has already disclosed that the U.S. Attorney's office in New York has undertaken an investigation of its financial reporting, as has the SEC.
Intel paid these "e-Cap payments" -- standing for "exception to corporate average pricing" -- to induce Dell not to do business with Intel competitor, AMD. Dell spread out the approximately $1 billion a year received in such payments over the four quarters to reduce the company's cost of goods sold. The lawsuit alleges that Dell became so dependent upon these payments -- knowledge of which was apparently limited to about 15 senior people at Dell -- that Intel made the payments near the end of the Dell's quarters so that the funds would have a "direct, material impact" on Dell's reported operating and profit margins.
And, oh yes, the company's stock, which was trading in late 2005 at more than $40 a share, has fallen to $23.52 as of the close of Nasdaq Stock Market trading yesterday.
Gosh, haven't we seen this syndrome before? Can Dell avoid it's own Enronesque experience by offering up a few sacrificial lambs? And will those sacrificial lambs include Mr. Dell? Or will he be exempted from criminal liability by what Larry Ribstein has characterized as "the Apple Rule," which was not around to save another Texas business visionary who created wealth and jobs on par with Mr. Dell?
Update: Don't miss Larry Ribstein's comparison of the Apple Rule with the Enron Rule.
Dell uses and abuses someone else's sE trademark:
Being not registered but just applicated for since feb. 2000, two weeks after the free fall of the Nasdaq!
xxell's sE-system was registered one week before the internet bubble-burst !
After copying from Enron and sExxell, Dell is also following the circlemania of ExxonMobil now!
Changing from Blue to silver and circle after unsuccessfully claiming 'the' canted E and putting it in a 'DOT', after discovering our sE consisting of the three best internet icons combined: the circle, the dot and the E. Dell keeps confusing their own customers and honestly, we like the fat blue the best!
Dr. Andreas Renck of Lovells, Alicante worked with the ex- head of the OHIM Opposition Division, Marcel Boulogne to intimidate the opponent during the European E-battle / Opposition proceedure:
Brands and Trade Marks, Copyright and Databases, Designs, Domain Names, Intellectual Property Disputes, Intellectual Property Transactions
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