Entrepreneur Ken Belanger is suing Microsoft in small claims court over Microsoft's use of the Pocket PC moniker for their handheld device line. Belanger's claim is that he has been selling a gag gift under the Pocket PC name for 17 years, and he is claiming a common-law trademark.

Belanger's Pocket PC is not a computer device, but a small box with a poker chip inside. Users who have paid $9.95 for Belanger's version of the Pocket PC are told that the chip will help them make important decisions. All they have to do is flip the chip and they will immediately get their answer.

Belanger, who had been selling his product offline for years, filed this lawsuit after he found out that the domain, PocketPC.com was registered with Microsoft. Belagner's suit, filed in small claims court, is seeking $5000. He says that all he really wants is the rights to the PocketPC.com url. The $5000 damages are attributed to lost sales in December of 2001.

Belanger chose to file his suit in small claims court because he did not have the money to fight Microsoft's high powered lawyers. He's willing to take his chances in small claims court. He say's that, "In small claims court they can't bring 50 lawyers. They can't use their standard tactics."

A Microsoft representative who had not yet seen the complaint would only say that the Pocket PC title is simply a generic description rather than a specific title. My understanding of the use of Pocket PC wold confer with the statement of the Microsoft spokesperson, but I'm still curious as to what the courts will say here.