RIM Battles Samsung Over Use of BlackJack

Canadian based Research in Motion is suing Samsung over its use of the mark BlackJack in association with a recently launched smart phone device. The Samsung smart phone competes directly with RIM’s BlackBerry Pearl smart phone. In the lawsuit, filed in California, RIM argues that the BlackJack name will cause confusion with consumers who are familiar with the established BlackBerry brand, as well as constituting false designation of origin, unfair competition and trademark dilution.  Interestingly, both devices are offered on Cingular’s network in the U.S.

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  1. [...] In an update to an earlier post regarding the suit by Research in Motion Ltd. against Samsung Electronics Co. with respect to Samsung’s mark BlackJack, the parties have apparently reached a deal.  The settlement terms are confidential but news reports indicate that part of the settlement includes the withdrawal of Samsung’s trademark application for BlackJack and limitations regarding continued use of the BlackJack mark by Samsung.  This settlement, together with RIM’s victory in a British patent dispute earlier this week, should mean that nothing’s looking black for RIM these days. [...]

About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

The Authors