Thread: RIM vs. Samsung
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Old 12-15-2006, 04:17 AM   #33 (permalink)
GMK
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On the surface this dispute may sound frivilous to some but as I stated prior and as DrMoze put it in a similar, yet more legalese way, RIM must defend itself from anyone even coming remotely close to infringing on its intellectual holdings (read: trademark) or face the possibility of losing the exclusive use of the name Blackberry. This is what this action is all about.

There are at least three outcomes that I could predict:

1. RIM loses. Based on the fact that the names really are similar, the products are similar and there has already been major confusion, I don't think this is likely. RIM will have a pretty easy time of it proving that Samsung acted intentionally and in bad faith given the similarity of product; they look alike and the name is close. Samsung is certainly doing some hitchhiking here. They didn't develop the name in a vacuum.

2. Samsung can continue to use the name Blackjack but it has to fine print its marketing to state that "a Blackjack is not a Blackberry, Blackberry is a product made by RIM.....". This is a very high possibility. Samsung saves some face and RIM gets free advertising. Even though this is not an attractive alternative to either party, I would think its a high probability. Its easy enough that a judge would love it.

3. RIM wins outright and Samsung has to pull the name. Also a high probability. Samsung will have to do some penance.

Even though I feel RIM has the high ground on this issue they have already lost something. At least half of the people in this thread think that RIM is the "bad actor" and they are bullying poor Samsung. Right or wrong, its easy to view the plaintiffs as the bad guys, simply because its the way it plays out. I love to hate Mickeysoft and every time they go after someone I always root for the "David". Once again, right or wrong.
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