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BlackBerry versus BlackJack: incensed RIM sues Samsung

IT Industry - Deals

The trademark nonsense that commenced with Apple threatening everyone that used the word "pod" in their product continues with RIM issuing a lawsuit against Samsung for using the word "black" in two of their products. However, RIM looks to have more of a case than some of Apple's efforts of the past.

In actual fact, RIM is not sueing Samsung for using the word "black" but for naming two products that could very easily be confused with RIM's popular BlackBerry brand.

The point that RIM makes in its lawsuit is that Samsung's new BlackJack smartphone competes directly against a new RIM product, the BlackBerry Pearl. Both products perform similar functions and have a similar size and weight. Samsung has also released a mobile phone called Black Carbon which, although not a direct competitor to the BlackBerry range has also drawn the ire of RIM.

The blogosphere appears to be divided on the issue. Aside from a few parochial Canadian pro-RIM posts, there are some bloggers who fervently believe no company has the right to sequester a common usage English language word for a trademark.

However, as some bloggers have pointed out, the real question is whether Samsung's use of the name BlackJack for a smartphone may create confusion between its new product and RIM's existing BlackBerry brand. A few posters have indicated that BlackJack commercials have initially led them to believe they were looking at a new product in the BlackBerry range.

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