How ironic. Research in Motion (RIM), makers of the Blackberry, are one again embroiled in an infringement lawsuit. But unlike in the past, when they were bitterly complaining about being on the receiving end of the patent infringement lawsuit with NTP over the Blackberry operating system, and despite the fact that it cost them millions of dollars to settle what they claim was a frivolous infringement lawsuit, RIM has now filed their own – arguably frivolous – infringement lawsuit.
RIM, the makers of the Blackberry phone, have sued Samsung, the makers of the Blackjack phone, for trademark infringement. The new Blackjack phone, being offered by Cingular in the United States, is a Windows Mobile smartphone, with a QWERTY keyboard and all kinds of nifty media capabilities. Not, really, unlike the Blackberry. But of course, also not unlike the T-Mobile Dash, the Cingular 8125, the Treo, or even my beloved Sidekick.
So really, what is the difference between all those phones and the Blackjack?
Well, obviously, the name – Blackjack.
Blackberry.
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Blackjack.
The question is, is it really likely to cause confusion? Will people really mistake the Blackjack for the Blackberry?
Would you walk into a Cingular store intent on buying a RIM Blackberry, and mistakenly buy a Samsung Blackjack?
Or is Blackberry just as full of it with this infringement lawsuit as they claimed NTP to be when they were on the receiving end?
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blackberry and blackjack?
have a relation?
Well, here we go again. But really – what’s in a name? And for those who would be confused, I believe would be confused anyway, regardless of name similarity. Let’s see. Honda should sue Hyundai. The British should sue the Americans for use of the English Language. The other Americas’ should sue the United States for dominating the use of the word or name America. The Spanish should sue all the cities around the world that have Spanish names; Los Angeles, San Francisco, Toledo, etc. All Americans who have “foreign sounding names” should be sued – does that mean we’re all sued? Any corporate name that contains common words and names should be sued; Kentucky Fried Chicken, Famous Amos, General Motors, Ford, New York Stock Exchange, Sara Lee, Betty Crocker, Bloomberg Media, etc. The city of Chicago and Yogi Bear should sue the Chicago Bears. Good Lord. The attorneys would have a field day, we could go on and on for months here.
Ciao – Oops – borrowed from the Italian. Think I’ll get sued? Happy New Year – does anyone have claim to that?
Well blackberry got sued for infringing its self a while back. by the cor-pirate system money mongers. so why not go for the gold.