BlackBerry versus BlackJack: RIM sues Samsung for trademark infringement
By Cyrus Farivar 
posted December 10th 2006 3:01PM
posted December 10th 2006 3:01PM
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posted December 10th 2006 3:01PM
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Jon Graft, can you be any more stupid? RIM is not sueing because of the colour black, it's sueing because of the name that can confuse people on brand names and yes, people do get confused. At least RIM is sueing a company from the same industry. Monster Cable has sued totally unrelated companies over the word "monster".
Hmm actually I think this is a pretty smart move from RIM and at the same time, not a smart move.
I'll explain:
Look at all these flurry of comments heating up between RIM and Samsung.
Theres quite a valid argument here, because well, all the comments supporting RIM up there will tell you. Meanwhile, RIM's getting lots and lots of press from this. NTP vs. RIM? At that time when it started (several several years ago - before it heated up), not that many people have even heard of RIM. It was mostly the business sector where BlackBerry reigned supreme. Yet, from that law suit, RIM got SO MUCH attention from the press, cuz hell it was a big money spending thing from a stupid patent holding firm. As you can see right now, with RIM releasing devices like the Pearl, they want to dig into the consumer's market. They want to provide something that normal people will love using, that looks cool, and can do everything they need quickly.
With RIM having this law suit, it gives a PERFECT chance to put their name out there in the press, and have people read about it, and talk about it. Perfect chance to show why the name "BlackBerry" has so much merit to it.
On the other hand, another point to this argument is that Samsung had previous QWERTY devices, AND SureType devices. And since they didn't have access to Push Email, they used BlackBerry Connect. Perfect chance to take some licensing credit, and to get their name out there again! With this law suit, i'm not so sure their partnership holds effect anymore. Not so sure they'd be making that SureType device - though I'm not sure that was a hot device in the market anyway, but still.
true story. soo ten minutes after I read this article someone walks into my cingular store asking for the new blackberry. i show him the pearl and he says thats not what he saw in the commercial. i finally realize that he wants the blackjack. I thought the lawsuit was a bunch of bs but blackberry does have a valid point, naming a pda phone with the word black in the front does trick non-informed consumers.
one more thing...i always thought the black jack was named so because cingular's emblem is a "jack" and the phone itself is black.
Wow! That picture shows the BlackJack with full battery life!! Where can I get one like that!?!
If you have a BlackJack, you know what I'm talking about.
A few people have asked me have I seen the new "blackberry blackjack" phone on Cingular... I had to explain that the blackjack is not a blackberry, its a smart phone made by Samsung. Some people just don't have a clue... I agree with RIMs claims.
Nothing like Blackberry...Immensely useful!!!
wow is the word!!!
They should just call it "Jack" and keep in the tradition of single syllable product names like "Zune".
why doesn't cingular go in and tell RIM to stop with the lawsuits or it'll drop its product from its offering. Cingular and the customers are being hurt in the end.
"why doesn't cingular go in and tell RIM to stop with the lawsuits or it'll drop its product from its offering. Cingular and the customers are being hurt in the end."
Because Cingular threatening to stop selling blackberries = Cingular threatening to shoot itself in the foot.
I thought it was always RIM's tactic to sue its competitors. Didn't RIM sue Palm and Good for patent infringement? It was backfired when NTP sued RIM.
Until today, I did not really think Samsung's BlackJack was a competition to BlackBerry. Perhaps I should take a closer look of the product if RIM is worrying about it.
I hope no one will pick up the BlackJack and say "Hey, look at this new BlackBerry device called 'Samsung'". I guess anything can happen....
First, do some research folks. While many of we engadget regulars are well informed on what smartphone is what, the unwashed masses do NOT. I work for an agent of Cingular and many customers have made this mistake. People can't even discern what company their phone service is currently with much less manufacturer or model number. Hell some can't even turn the damned things on.
Cingular being the number one purveyor of Blackberrys they are not going to remove them from their offering. If they were to tell someone to change something it would be Samsung to just change the name.
And finally, they aren't going to go after the PS3 or the Black iPod because black is the color, not the product name nor are they in direct competition in the smartphone market.
Also to add to my original comment, the actual BlackJack design copies the blackberry very closely. It has the scroll wheel on the right side which can be pushed in in order to open items. Oh and lets not forget the back key thats right below the scroll wheel, yep really original. This device was made specifically to target stupid people who dont know enough about phones except that Blackberries are good and if it starts with Black it must be associated with RIM.
You guys do know that samsung is using there tradmarks WITH there permission. The scroll wheel and other features are courtesy of RIM
Samsung just needs to add other *Jacks like a RedJack, BlueJack, PurpleJack, etc.
black... berry... black... jack...
i'm so confoosed.
Could someone, who cannot tell between a Blackberry and a Blackjack, use a smartphone at all?
The Globe and Mail ran a story at:
http://www.theglobeandmail.com/servlet/story/LAC.20061213.RRIM13/TPStory/
about a confused junior employee at www.americancell.com who put a picture of the Samsung BlackJack on their Cingular BlackJack Pearl page.
They still have a link to their old BlackBerry Pearl page with the Samsung BlackJack picture at: http://www.americancell.com/q_Blackberry-Pearl.htm
""""""Why not name it "DARK VADER" with robotic tones and laser connectivity....
I don't think it's that much of an issue. If Apple would come out with a MacBerry, or some vendors would refer to Berries, being smartphones; then we have another issue.
Now every smartphone maker can not use the non-patented word "black" anymore?
I have had customers come in many times looking for the Raspberry. If someone can call it another type of food, I don't see why they couldn't confuse it with a different type of... weapon? Oh well, my point is people are stupid. It's too much work for them to learn what they are talking about. Unfortunately, most sales employees are the same way. RIM is just trying to protect their name, as annoying as it is.
DUH!!!!!!! You can not trademark a word that is a color, if RIM was so Fing smart and actually gave a shit, they could have locked up the term Blackjack for PDA's but they didnt and cingular wins, Besides, the Black Jack is much better than the BlackBerrys, if anyone is taking a risk it is samsung - someone might want the Blackjank and inadvertnantly buy the blackberry.
I understand that the law firm representing RIM in this case is collecting stories from people who experienced or know about any type of confusion between BlackJack and BlackBerry. Anyone with examples or other information can email jg10005@gmail.com.
well vonage sued att for Callvantage cause people were confused and calling them when they were trying to get att. but they lost that suit.
I currently reside within Samsungs product development for mobile devices, and it is indeed factual that Samsung named the Blackjack with the intention of lowering the standard represented by the name "Blackberry" and reducing it to Motorola's powerful, yet impermanent level. We did expect an upheaval brought upon by Blackberry and it wouldn’t be feasible for them to get anything out of this suit.
Hi Alex
That's an interesting commment about Samsung. Is there any chance you could talk to me about it further?
If you're happy to talk to me, email me at km1445@gmail.com
Thanks
Following iPod and Blackberry, Will Smith announced that after production of iRobot, he trademarked iBlack.
Now Will Smith's being sued by both iPod and Blackberry so he can't use the li'l i and will have to visit Michael Jackson's doctor for bleaching.