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  BlackBerryToday > News > RIM, Samsung Settle BlackJack Dispute

RIM, Samsung Settle BlackJack Dispute

By James Alan Miller
February 9, 2007

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Back in December, Research In Motion (RIM) launched a lawsuit in U.S. Federal Court against Samsung, asserting the electronic giant's BlackJack infringed on its BlackBerry trademark. The two companies settled their dispute late this week.

The BlackBerry-maker filed its suit shortly after Cingular Wireless started offering the BlackJack in the U.S. BlackJack's name too closely resembled RIM's long-running BlackBerry brand for comfort.

And while the BlackJack is Windows Mobile smartphone, it - like the BlackBerry - is a compact device with a QWERTY thumb-keyboard just below the screen. The BlackJack is similar to other Windows Smartphones, like the Motorola Q from Verizon and the T-Mobile Dash.

In its suit, RIM said the BlackJack "constitutes false designation of origin, unfair competition, and trademark dilution," and that "Samsung is misleading the public into falsely believing that Samsung's goods and services are connected with RIM's business."

RIM sought to have Samsung pay damages and legal costs, and to have all products with the BlackJack name destroyed.

While the companies didn't disclose details about the settlement—and Samsung gets to continue to use the BlackJack name—RIM said in a statement: the agreement "includes immediate provisions for the protection of RIM's valuable trademarks.''

These include "limitations on use of the Blackjack trademark, withdrawal of the trademark application for Blackjack, Cingular's retention of common law rights in the Blackjack trademark, and certain reasonable measures to avoid confusion in the marketplace.''

RIM spelled BlackJack wrong - the 'J' is supposed to be capitalized - in its statement. An honest mistake? You be the judge.



Related Links:

  • RIM Sues Samsung Over the Word 'Black' in BlackJack
  • Cingular Deals BlackJack – Samsung’s Q/BlackBerry Killer

     
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