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Some of you may remember the suit against Samsung for their BlackJack or like Cingular ... Smartphone News forum

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    RIM Says LG Infringes BlackBerry Trademark

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    Some of you may remember the suit against Samsung for their BlackJack or like Cingular at the time put it "The BlackJack from Cingular".

    Well, RIM is suing LG Electronics Inc. claiming its Black Label mobile phones infringe the BlackBerry trademark.

    The LG phones are sold under a name that is "confusingly similar'' to the BlackBerry, Research In Motion said in a complaint filed today in federal court in Los Angeles. Research In Motion seeks a court order barring LG from using the Black Label name and unspecified damages.

    [Read more]

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    Re: RIM Says LG Infringes BlackBerry Trademark

    That's kinda retarded

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    Re: RIM Says LG Infringes BlackBerry Trademark

    I can't wait to see how this pans out. Is BlackBerry now considered a generic name like Kleenex and aspirin?
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    Re: RIM Says LG Infringes BlackBerry Trademark

    Black label, BlackBerry? That's stretching it a bit. I don't see the confusion. Maybe if it were BlueBerry or BlackFruit maybe, but don't pull an apple and go after anything with "Black" in the name.

    ~via BB (wap.pinstack.com)~

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    Re: RIM Says LG Infringes BlackBerry Trademark

    its all about presentation and money.

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    Quote Originally Posted by jrockett View Post
    I can't wait to see how this pans out. Is BlackBerry now considered a generic name like Kleenex and aspirin?
    I don't think we're there yet. At least I hope we're not calling any phone with email a BlackBerry.

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    Re: RIM Says LG Infringes BlackBerry Trademark

    Unfortunately I've heard people refer to their new smartphones as a little BlackBerry. I swiftly correct them
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    Re: RIM Says LG Infringes BlackBerry Trademark

    "Confusingly similar" is the standard for trademark infringement, and has many technical nuances. It may seem silly, but that's the standard. I doubt that LG will argue too strenuously that BlackBerry is a generic term, but any good lawyer will still include a generic term defense in their response papers.

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    Thumbs up Re: RIM Says LG Infringes BlackBerry Trademark

    Blackberry BLACK LABEL NOT EVEN CLOSE, HOPE RIM DOES WASTE THEIR MONEY ON SOMETHING SO DUMB 1
    Last edited by mike22; 11-08-2007 at 11:41 AM.

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    Re: RIM Says LG Infringes BlackBerry Trademark

    I see the legitimacy of their argument. When I first heard of the smart phones, dh had bought the black jack...well, I wanted one too, so I went in there. They showed me the blackjack, and the black berry pearl...I thought they were the same maker, just different names. Customers who dont know any different dont know they aren't the same type of phone.

    I have had people say that their Blackjack was just like a Blackberry and that's why the names were similar. :S
    Color---it's nothing but a hue of the rainbow...why do people place such importance in it?

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    Re: RIM Says LG Infringes BlackBerry Trademark

    While I don't think the lawsuit against LG is all that justified I think BlackBerry is very much a brand name as far as consumers are concerned. Working for Verizon people know a lot more about BlackBerrys than any other smartphone I have to offer. The only time this isn't true is when the customer knows for a fact they need a feature that the BlackBerrys don't have. And because of T-Mobile and the Pearl people expect these phones to be affordable with low charges. So until now it was pretty disappointing to say "no we don't have that, and its twice as much a month to use it."

    But all I'm really saying is Black Label vs. BlackBerry is by far the longest shot I've heard in awhile. Especially since only 3 LG Black Label phones are even here in America. And don't even have that additional title. ~via BB (wap.pinstack.com)~

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    Re: RIM Says LG Infringes BlackBerry Trademark

    I can't tell you how many inquiries I got about the new "Blackjack" Blackberry when it came out.
    But for this, Carling Black Label comes to my mind!

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    Re: RIM Says LG Infringes BlackBerry Trademark

    I think RIM has a good case. People constantly start to make the industry leader into a generic term (think Zerox). In this game you must stant alone and I think the BB does, so why should someone make a money off of your hard work by using you brand name to catch an uninformed customers eye. I've personally have witnessed sales people play the name game with products just to get a sale. Like saying "We don't have the Blackberry Curve but we have the latest one the BlackJack".

    You can't account for each sales person being honest, but you sure can make certain no one will market a product that even in name resembles your own.

    I think anyone who comes out with anything with "Black" in the name of their mobile handset should be taken to task about it.

    I mean would McDonalds let someone come out with McDougals?

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    Re: RIM Says LG Infringes BlackBerry Trademark

    If you read the article you will see that they have precedent set in place now by Samsung's settling on the BlackJack name. I found it interesting that they are going to go after LG's Chocolate line up also because two of there units have similar names concerning their colors (StrawBERRY and BLACK Cherry).

    Zo

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    Re: RIM Says LG Infringes BlackBerry Trademark

    I would agree if there were more similarities between LG's Black Label phones and BlackBerrys. The biggest difference is that Black Label phones don't carry the title, its just part of the class they were given. They are high end fashion phones (e.g. Prada phone, Shine) where as BlackBerry is actually the name printed on the phone. And then further distinguished by an individual name (e.g. Pearl, Curve). To even further the differences most people have no idea that RIM makes BlackBerrys, they just think that's the name of the company. Where LG on the other hand has done a fine job letting you know who put that phone together. People will know an LG from a "BlackBerry". And my last point is LG has no smartphones to speak of. They don't even have a phone that has a similar form factor to what BlackBerrys look like. I can see why RIM went after Samusung for the Blackjack, but this is way different. ~via BB (wap.pinstack.com)~
    Last edited by nickjoedotcom; 11-08-2007 at 02:58 PM.

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