Thread: RIM vs. Samsung
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Old 12-14-2006, 09:27 AM   #30 (permalink)
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Originally Posted by kdo99
lol...asking a lawyer if RIM has a "case" is like asking your kid if they like candy.

you can sue anybody for just about anything in this country (i heard on the radio today someone tried to sue God for losing his job haha)...whether you win or not is a different story.
To clarify (and add to SF's remarks above), I was actually speaking to the merits of the claim (which are present, I assure you), and not just chasing ambulances.

Also, keep in mind two things:

1) It will cost a company around a few million dollars to pursue such a lawsuit. So such decisions are not taken lightly. Suing someone for the heck of it is not a "free" activity, and is generally not done indiscriminantly.

2) If a company lets someone use a similar name or logo, etc., and doesn't try to protect their rights, it creates a slippery slope which can allow others to use even more similar marks, until the brand identity is lost. Federal trademark dilution statutes were very recently broadened (requiring proof of only a likelihood of dilution of a mark rather than actual dilution), so the government, businesses and the IP profession understand the importance of this, even if a lay forum poster does not.