December 12, 2006 | In Business, Law |
The future of Samsung’s BlackJack smartphone may be in jeopardy due to a new lawsuit from Research In Motion, claiming that the “BlackJack” brand name is too close to that of its own popular BlackBerry device.
Filed in the U.S. District Court for the Central District of California, the suit alleges that the new phone’s name “constitutes false designation of origin, unfair competition and trademark dilution.” RIM is using this to seek an injunction against the sale of BlackJack devices in the United States.
It is true that the RIM and Samsung devices are targeting nearly identical markets, with both the BlackJack and BlackBerry Pearl featuring wireless email capability and built-in QWERTY keyboards. Both are offered exclusively by Cingular Wireless in the United States.
Despite the striking similarities, however, it’s very difficult to see how any one company’s trademark can extend to cover the word “black.” Both of the devices are primarily black in color after all, and I can honestly say that I didn’t draw any connections to the BlackBerry brand name upon hearing about the BlackJack’s release.
All things considered, I can’t see how RIM really expects to win this lawsuit. It seems more like an attempt to establish their brand superiority complex, and assert a “we were here first” kind of message than to pose a serious legal threat to Samsung.
Don’t get me wrong; BlackBerry is perhaps one of the most iconic brands in the world, and represents a great family of products, but there comes a time to draw the line between brand protection and immature paranoia.
Originally published at TeleClick.ca.
