Thread: RIM vs. Samsung
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Old 12-18-2006, 08:36 PM   #59 (permalink)
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Originally Posted by DallasFlier
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?
Answer? No.

RIM has a trademark on BlackBerry. Capital B-l-a-c-k-Capital-B-e-r-r-y. one word. Not Black Berry, not black berry, not Motorola Q Black.

They also have a trademark on BlackBerry Pearl, but they aren't suing the makers of the black pearl phone. Because it isn't a smartphone. it isn't competing directly against their existing product.

Meanwhile, the BlackJack is also Capital-B-l-a-c-k-Capital-J-a-c-k, one word. And it does compete directly against the RIM devices, and is clearly trying to leverage RIM's existing brand identity. Considering the near infinite possible trade-mark-able brand names that Samsung could have selected, to choose one that is phonetically similar to as existing product to which they are competing, cannot be accidental.

If RIM wins (which they should), they will have defended their existing trademark, which is what their shareholders expect of them. And which means that no competitor will be able to call device a Capital-B-l-a-c-k-Capital-Something-Something, one word, as well as likely Capital-Something-Something-Capital-B-e-r-ry. Like RedBerry, for instance.