December 11, 2006 3:30 PM PST

RIM sues Samsung over BlackJack name

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Research In Motion is suing Samsung, claiming that the name of the company's new BlackJack smart phone is too similar to that of RIM's own BlackBerry devices.

The suit was filed Friday in U.S. District Court for the Central District of California. RIM is seeking an injunction against the sale of the new BlackJack phones. In the complaint, RIM said Samsung's use of the "BlackJack" name "constitutes false designation of origin, unfair competition and trademark dilution."

RIM contends that its BlackBerry devices, used by more than 6 million people around the world to send and receive e-mail, have become iconic in both form and function. The BlackJack, which runs Windows Mobile operating system and has a full QWERTY keyboard, competes directly with many of RIM's devices, including the BlackBerry Pearl, a phone designed to attract consumers rather than RIM's typical business customers. The company says it believes the name BlackJack might confuse some customers.

Samsung launched the BlackJack in early December with a huge marketing campaign; currently, the phone is sold exclusively for Cingular's network. Ironically, the launch coincided with RIM's launch of the BlackBerry Pearl on Cingular's network as well. Until December, T-Mobile had been the exclusive carrier of the Pearl.

A Cingular spokesman said the mobile operator could not comment on the lawsuit, but he said Cingular has no plans to discontinue the sale of Samsung's BlackJack.

RIM declined to comment on the lawsuit. A Samsung representative said the company has not received the complaint and declined to comment.

RIM is no stranger to lawsuits. Earlier this year, the company settled a nasty patent dispute with patent-holding firm NTP for $612.5 million over some of the core technology RIM uses to push e-mails to its devices.

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Research In Motion Ltd., BlackBerry Pearl, Cingular Wireless, lawsuit, RIM BlackBerry

14 comments

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Pointless Lawsuit
RIM needs to just make a better product instead of trying to get back the money they paid NTP by suing.
Posted by VI Joker (231 comments )
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Jack Black should sue them both
:D
Posted by lmaginos (4 comments )
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Really RIM ... do you think humans are that stupid!
A new low for humans! RIM; you have lost my respect as a product company. What a major insult regarding the intelligence of the buying public.
Posted by hegerty (4 comments )
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RIMS RONG!
I agree. BlackJack is a better phone...1.5 hrs. more talk time and video recording. RIM should worry more about being able to file their financials...options back dating???...and the Visto lawsuit they face in '07. As far as their lawsuit against Samsung I guess RIM figures it owns the rights to the word "black". WRONG! Their lawsuit should be thrown out.
Posted by VIPERVENOM650R (1 comment )
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brain dead
At one time I had thought that blackberry(RIM) deserved a break, after all, they were involved in what I thought was a stupid lawsuit. Now I guess I feel that they deserve to get hit with another. A blackberry is juicy and delicious, blackjack is a card game. Are we, the public so stupid as to not know the difference? Or is it that the powers to be at RIM are so stupid as to think the rest of the world is a brain dead as they are? Do the stupid nitwits at RIM really think they own everything beginning with the word black?
Posted by R Me (196 comments )
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Isn't Black Jack a gum
I could swear that BlackJack was one of those off brands of gum that has been around forever or at least longer than RIM and possible Samsung as a company.
Posted by Renegade Knight (13748 comments )
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Not sure...
... but shouldn't RIM being suing the makers of the card games Blackjack?
Posted by VI Joker (231 comments )
Link Flag
Black Jack gum...
dates back to something like the late 1860's...
And let's not forget Black Jack condoms too.
Black Jack was many things.
Posted by tkmaverick (17 comments )
Link Flag
Isn't Black Jack a gum
I could swear that BlackJack was one of those off brands of gum that has been around forever or at least longer than RIM and possible Samsung as a company.
Posted by Renegade Knight (13748 comments )
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Headline: Rim Sues "Black Eyed Peas"
Headline: Rim Sues "Black Eyed Peas"

"Fergie could not be reached for comment!"
Posted by DecliningUSDollar (56 comments )
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Hmm...so this is how we're going to do business from now on
Sue the competition that produces a better product?

You gotta be kidding me. Confuse blackjack with blackberry? So you're not allowed to use the word black when naming a phone product?

Sometimes I wonder...
Posted by mbjr (64 comments )
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(Rolling Eyes)
Oh give me a Fraking break! RIM is suing Samsung cause their smartphone is called a Blackjack and RIM makes a Blackberry? Hello? I think after dominating the industry for so long RIM is actually afraid of a little thing called competition!

When someone tells me they have a Blackberry, I know exactly what they are talking about. I don't start saying, "OH you mean that cool new phone from samsung?"
Posted by thedreaming (573 comments )
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Blackjack or Blackberry
I am really against companies suing for money, patents etc. But, I think RIM actually has a case. Personally I do not like Blackberrys and have a Treo 700p. When a friend told me he had a blackjack (me being more tech savy) I thought it was a Blackberry Pearl with more features to appeal to non-business users. But of course when I was shown the device I quickly knew what it was.
Posted by chrisfrary (115 comments )
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Too Late RIM
In my opinion, RIM is too late, they should have specifically protected this name if they wanted to keep anyone from using it.

But, likely this lawsuit will succeed in getting Samsung to stop using in the future.

This will be settled.
Posted by enigma.live (48 comments )
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