Print 19 comment(s) - last by dluther.. on Feb 11 at 11:54 AM

Right after winning UK patent lawsuit

Phone makers Research In Motion and Samsung have settled a lawsuit over the trademark details of Samsung’s BlackJack device.

BlackBerry maker RIM sought unspecified damages over the trademark similarities of Samsung’s BlackJack, claiming that the South Korean company was “misleading the public into falsely believing that Samsung's goods and services are connected with RIM's business.” RIM also asked Samsung to deliver every item that bears the BlackJack name “for destruction.”

The terms of the settlement are confidential, but Research In Motion did say to Reuters, “RIM is very pleased to have reached a mutually beneficial settlement agreement that includes immediate provisions for the protection of RIM's valuable trademark.”

Samsung has permission to continue selling the BlackJack in its current incarnation, though it’s unlikely that there will be future products using the name. Part of the settlement includes limitations on the use of the name BlackJack, as well as a requirement for Samsung to withdraw its trademark application for the name.

Research In Motion continues to ride its wave of good legal fortunes, as yesterday it won a UK patent lawsuit freeing it from any infringement charges.

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Samsung gave in
By arswihart on 2/8/2007 6:44:54 PM , Rating: 3
I think Samsung could have won this one if it went to court. I don't see how having the word Black- as a start to a product name is misleading as RIM says. What else did they do besides that to mislead?

Personally I didn't even think of a Blackberry when I heard about this product

RE: Samsung gave in
By jmunjr on 2/8/2007 6:49:44 PM , Rating: 5
RIM should sue Apple since they just released a cell phone and people might confuse Apple with Blackberry since they are both fruit..

RE: Samsung gave in
By arswihart on 2/8/2007 7:22:01 PM , Rating: 2
Yeah I agree.

America - Come make your fortune with lawsuits!!! Its THE ONLY way to make money in the 21st century!!!

RE: Samsung gave in
By Polynikes on 2/9/2007 9:10:58 AM , Rating: 2
Seriously, it's not like Samsung doesn't have the resources to fight such a bogus claim. I wouldn't take that crap sitting down if I was them. :P

RE: Samsung gave in
By OrSin on 2/9/2007 10:02:33 AM , Rating: 2
Rim would have won easy. You can make a decive that competes with another device and use a simliar name.
Remember Lindows (think that its name) had to change to Linspire. Just that fact that some on this baord thoguht black jabk was blackberry is enough to show cause.

As much as i hate lw suits and crap like that, I think Rim had a piont. Thier is no way some will get away with calling something a IPad. Actually didn't apply win agaisnt some people that caome out with a music thing call something-POD.

RE: Samsung gave in
By 8meagain on 2/9/2007 10:37:36 AM , Rating: 2
That's funny... I KNOW Compaq made an iPaq mp3 player several years ago. I would still use it, but I fried it on a bad usb wire. I don't remember anyone confusing it with the ipod.

RE: Samsung gave in
By decapitator666 on 2/9/2007 1:51:49 PM , Rating: 2
But isn't the iPaq name way older than the iPod?

RE: Samsung gave in
By RBS on 2/9/2007 4:19:31 PM , Rating: 2
The difference between brandnames like Lindows, Ipad and BlackJack is that Blackjack is a commonly used word not something made up to sound like the competition. I'm dissappointed that Samsung caved in, I hate companies like RIM and Rambus who seem hellbent on litigation for income. That said I hope Cisco nails Apple for their intentional and flagrant use of iphone, while still negotiating a known copyright license with Cisco.

You don't say
By Brassbullet on 2/8/2007 6:28:57 PM , Rating: 1
You mean BlackJack WASN'T one of the Blackberry models? I thought it was.

Oh well, I guess that means I should be nicer to Blackjack owners. I always make a point of being mean to Blackberry people, especially the early adopters who thought they were better than everyone.

RE: You don't say
By Goty on 2/8/2007 6:42:14 PM , Rating: 3
If I was RIM, I'd be flattered that people thought it was one of their products. The Blackjack is pretty awesome while ever Blackberry I've ever used is utter crap.

RE: You don't say
By Samus on 2/8/2007 8:47:39 PM , Rating: 1
LOL. The blackjack is a toy, the blackberry is a business machine.

If you use one expecting the other, of course your not going to like it.

RE: You don't say
By odiHnaD on 2/8/2007 9:07:55 PM , Rating: 2
So by "toy" you mean does everything that a Blackberry can do and still be fun to use? (look up Exchange Activesync and you'll understand what I mean)

RE: You don't say
By Micronaut on 2/8/2007 11:45:52 PM , Rating: 2
Exchange ActiveSync isn't as good as Blackberry's push.

I live & breath MS stuff and ActiveSync still has a ways to go to be as efficient. I can run a blackberry for 36 hours... you're lucky to get 7 on a Windows Mobile device with ActiveSync.

RE: You don't say
By sprockkets on 2/9/2007 12:45:23 AM , Rating: 2
Especially when your "push" email on MS devices stops working and no one knows why.

Boo-berry is just jelly-ous
By 8meagain on 2/9/2007 10:41:05 AM , Rating: 2
Blackberry is just jealous that Samsung came up with a sexier name and better looking device! ;)

I was going to buy one, but settled on a Smartphone that had Wi-fi too. If they could've squeezed that into the BlackJack they would've had another customer.

Only people that impulse buy would confuse the two products.

RE: Boo-berry is just jelly-ous
By BLOfelt22 on 2/10/2007 12:57:55 AM , Rating: 2
Can't Samsung swallow RIM whole and be done with it? I'm sure they are the bigger company and they would get to pimp all of RIM's IP.

Besides I like my Dash better anyway :P

Reseach in Lawsuit? Instead of Research in Motion
By kietng on 2/8/2007 7:41:12 PM , Rating: 1
RIM should change name to "Research in Lawsuit" because it's only the last ideal RIM can research. I heard that RIM (Research in Morons) is currently suing RIM (Research in Motion).

By Samus on 2/8/2007 8:49:39 PM , Rating: 2
What can you say, they have a successful product that everyone wants a piece of the pie of, so of course they're going to use the traditional 'legal threat' against anyone and everyone that threatens to affect their market, which is corporate-class email portability.

However, this is something the BlackJack doesn't target (nor is it entirely capable of) so attacking them based on their name is just wrong.

By dluther on 2/11/2007 11:54:52 AM , Rating: 2
This is only one more anecdote in the long history of how patent infringement litigation is killing product innovation. Just look at the NTP vs. RIM lawsuit, where NTP isn't even a technology implementor, merely a patent holding firm.

While we can endlessly debate the value of ideas, ideas are only useful if they are implemented; the U.S. patent office is a clearing house for ideas that can never be implemented due to the litigation behind these "patent infringement" issues.

Technologically, the entire world is almost 40 years behind where it should be due to patent litigation. For instance, a Nevada inventor has developed a special carbuerator that will nearly double the fuel efficiency by allowing surfactants to bind gasoline with water. Why isn't this in active production? Patent litigation.

Are there answers? Well, both sides of that equation claim they have them. Unfortunately, these "solutions" have greatly hindered general progress and innovation.

“Then they pop up and say ‘Hello, surprise! Give us your money or we will shut you down!' Screw them. Seriously, screw them. You can quote me on that.” -- Newegg Chief Legal Officer Lee Cheng referencing patent trolls
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