RSSRIM Sues Samsung Over BlackJack
By the Betanews Staff | Published December 11, 2006, 7:37 PM
BlackBerry maker Research in Motion filed suit against Samsung in U.S. District Court on Friday, claiming the South Korean electronics manufacturer's choice of the "BlackJack" name is too close to that of its popular BlackBerry device. In the lawsuit, RIM is seeking an injunction that would prevent the sale of the phone, as well as to force Samsung to stop using the name.
RIM's BlackBerry has for quite some time been in a league of it own in the business communications device market. However, its success has prompted companies like Motorola to offer the Q, T-Mobile to produce the Dash, and Samsung the BlackJack. While it seems like RIM has no issue with its other competitors, the company argues the BlackJack name confuses customers. Both RIM and Samsung have declined to comment on the legal matter.
It's all very confusing to me.
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|I love Samsung products, so... If I was a Samsung exec, I would just say:
"F the RIM!"
Note: Did anybody get that? lol =)
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|I think that Smuckers should sue RIM because they used the name first (in blackberry jam).
The law department at RIM needs an enima.
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|That's ridiculous. I don't think BlackBerry when I see BlackJack. What retards.
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|I agree with you there. Why would anyone confuse be confused over these two products? I mean, one of them (blackjack) has quality and taste. While, the other one (blackberry) has sh**. And sh** do come out of the RIM. Get it? Lol.
But, seriously though, BlackBerry phones are piece sof sh**.
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|Since when is the word "Black" something that only one entity can have the rights to? What if I sell black hats? They gonna sue me too?
RIM should pay a $500,000 fine for wasting the court's time.
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|@wincement: is a black hat a phone? no.
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|Trademark dilution or infringement cases are nebulous and subjective. I work within that world and it boils down to who can put a more convincing "expert" witness on the stand, as well as bogus survey data to support their argument about "brand recognition". Toss a coin.
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|Remember the case MS sue Lindows, now Linspire? This is the same exact situation. mikes1616 is right. If the Blackjack is anything but a smart phone, then everything is right.
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|Of course...RIM needs to recoup some of their losses for the case they lost, err had to pony-up for, in which they stole technology from another company. Why innovate when you can sue your way into profitability.
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|The case RIM lost was a completely ridiculous law suit by a company who made a vague patent and waited for someone to create a product that resembles something similar to cash in on it. It's a very common practice these days.
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|From: http://cyber.law.harvard...ol/fisher/domain/tm.htm
*Note* - entire page not quoted...
"A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. 15 U.S.C. § 1127. For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks....."
This applies here. If Samsung's BlackJack product was a microwave Blackberry would not have bothered - but the fact is it is a phone.
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|So now RIM owns the ability to give any cellphone-like device a name starting with the word black, and also any said device with a name ending in berry?
Blackjack, BlackBlack, BlackTack, Black&White, Blueberry, Boysenberry, Raspberry, Black Currant, etc...?
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|They should be counter sueing Blackberry--they are clearly racist ;) (end sarcasm)
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|I think RIM needs to suit the actual Blackberry fruit. Because it is definately WAY too close to the name of the darn device ;|
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|I can't wait to see the outcome of this case. Our company got rid of all of our dog sh!t Blackberry phones and bought everyone a BlackJack.
These phones rock and by the time this goes to court, the BlackJack will be extinct.
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|LOL, all these comments so far and you're all shaking your heads wondering why. Don't you all know that this is the age of the frivolous lawsuit?
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|Oh, now that's just plain silly. There's lots of products with "black" in the title.
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|Wow, the paranoia of some companies. BlackJack is just a stupid name for a cellphone, period. Why even bother?
Get over it you kids at RIM. (now there's another stupid name, but let's not go there)
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|And in other news, Samsung's website has been compromised by some (black hat) hackers who also felt the name blackjack hit too close to home.
Gotta love frivolous lawsuits clogging up the court system.
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|What if they used "Blueberry", or "BlackCat", or "BlackDog"...you get the point.
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|heh...confusing indeed, one might think that playing poker automatically leads to using ones cell...samsung should call its new device Black Sabbath or Black anything to be sure to get some atention and publicity for a very far sought and useless case...
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|Very true indeed. Maybe Black Sabbath should file a lawsuit against RIM for use of the word Black, or maybe the Black Crowes could file. The color black itself may have a case. Too bad they don't have a holding company like RIM to file these types of lawsuits for them.
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|Yah, Black Sabbath. lol
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