I understand the distinction, and referred to it prior: "calling his debating opponent (or the opponent's views) "ridiculous" and other demeaning statements..." I note that we're NOT in court, we're on an internet forum, and doing EITHER debases your argument, IMHO. As my debating professor would have put it, "by the time you're reduced to calling the opponent OR his positions "stupid", you've obviously run out of logical arguments." It would get you an "F" in debate class.

More significantly, I note that you've danced all around my question but refuse to address or answer it directly, which leads me to believe you know I'm correct and would rather not acknowledge it. So one more time, Counselor:

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? I'm not asking you what will be in the legalese of the Complaint and Response, nor for your legal arguments about the merits and arguments on which the case will be decided in court (all of which you addressed), but rather for the plain-English, non-legalese RESULT. A simple yes or no answer is all that's required. (And if you answer in the negative, please cite examples where you believe it would be permissible for a phone/PDA vendor to use "black" without fear of further legal action on the part of RIM).