I also feel SanFrancisco answered the question. However, into the fray.
DallasFlier said, "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 -"
One word answer: Will!! If RIM prevails, who in their right mind would name a similar looking smartphone black anything or anything berry, etc, etc. Not by order of the court or anything so dramatic, just common sense.
We're on opposite sides of the opinion table on this issue but I'd go you one step further or earlier as the case may be. I think Samsung falls into the "who in their right mind" category even before the suit was filed. When I first saw the device my first reaction was, nice device, I need to look into this puppy, then WOW, this ain't gonna fly for long. Lo, my unerring knack for prophecy came true.
DallasFlier said, "i.e., no phone or PDA vendor will ever be able to use the word "black" in any way in any device name whatsoever?"
RIM can't prevent some doughnut hole from trying to market a similar type phone and call it Dingleberry, all they can do is deal with it when it happens.
Some interesting things: I read somewhere yesterday that as part of their complaint RIM was asking that ALL Blackjack devices be delivered to RIM for destruction. Cool, what. I wonder how negotiable that point will be.
Most, if not all other forums and blogs are pretty much outraged at RIMs outrageous claim. Man, am I in the minority. What scares me is that so many people can be so totally wrong. Nyuk, nyuk.
"And malt does more than Milton can To justify God's ways to man." A.E. Housman