Originally Posted by DallasFlier
I don't doubt that in all the legalese of the Complaint that it doesn't use such plain and easy to understand language as to say that they wish to trademark the word "black" with respect to the cell phone/PDA industry. But let me rephrase the question and direct the witness to please answer the question that is asked.
If RIM should win this case, will or will not the direct result be a "de-facto
" trademarking of the word "black" with respect to the entire cell phone/PDA/smartphone industry segment - i.e., no phone or PDA vendor will ever
be able to use the word "black" in any way in any device name whatsoever?
Your answer, please?
Well, repeat: the suit most likely alleges that Samsungxxx8217;s use of the name BlackJack, amongst other acts, amounts to unfair competition and trademark dilution. Unfair competition looks at all of Samsung's acts, not just use of the term Blackjack. Trademark dilution alleges that Samsung's acts, again not just use of the word "black," lessens the value of the BlackBerry name, not just use of the word "black."
And repeat [but I have not seen the Complaint]: RIM is not suing Samsung for using the word "black" but for the unfair act of naming a product that could be confused with the BlackBerry.
The Court will not decide the case on use of the term "black" but rather the issue is whether Samsung's acts [which includes use of the name BlackJack for a smartphone] may create confusion between the two devices.
I suspect that the Complaint includes attachment Declarations that provide statements of consumers that they were confused. I suspect that even that one Website's pages advertising the Blackjack Pearl will be attached.
I do NOT think Samsung will attempt to justify its acts or defend against the lawsuit by saying "RIM is in effect attempting to trademark the word 'black.'" That argument fails even before it's printed on paper.