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Originally Posted by SanFrancisco
RIM is not trying to trademark the name "black." They are trying to protect the name "BlackBerry" as used in the cell phone, PDA and smart phone market.
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Counselor, I'm disappointed, I'd have expected in your profession that you would be a little better at reading for comprehension. I guess you missed where I said that they would be *IN ESSENCE* trademarking the word "black" as pertains to the cell phone, PDA and smart phone market, and where I said "that's what a victory for RIM would amount to here." So, since you're trying to make the argument that they're NOT trying to trademark the name "black" as pertains to the cell phone, PDA and smart phone market - your assignment is to report back on what name(s) incorporating "black" in any way would be acceptable on a competitor's phone, should they win? (Hint: If your answer is "none", then they will have *IN ESSENCE* trademarked the word "black.")
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Originally Posted by SanFrancisco
Those of you who have said that a RIM suit would be frivolous don't understand any of the above.
These lawsuits are complex and deal with volumes of law that is on the books. I suggest you look up the files before being so quick to say that you hope RIM loses. The claims are more complex than can be decided from one's armchair and viewing a few "sound bites."
And to anyone who posted on this BlackBerry related website that they hope RIM loses the lawsuit, that's ridiculous.
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Thanks SO much for all the "I'm-smarter-than-you" condescending drivel. You have no idea what I do or do not understand. I never said I was in a position to "decide the claim." I stated my opinion, and I'm entitled to that opinion, even *IF* I dare to disagree with the all-knowing attorneys. I VERY pointedly did NOT try to argue with the legal opinions stated by you or other attorneys. I'm certainly not the only one around with this opinion, and as GMK already stated, its quite possible that RIM could be significantly damaged in the court of public opinion even if they win this case.
I *DO* understand that in today's legal system RIM does have a chance of winning this. I also understand that of the entire product list you stated, there's one KEY difference - not ONE of those product names incorporates the commonly used, every day name of one of the basic colors, to which the company is trying to establish de-facto trademark ownership within an entire industry segment. And finally, I understand that the one who stoops to name-calling by calling his debating opponent (or the opponent's views) "ridiculous" and other demeaning statements - usually is the one with the weaker argument.