Tuesday, November 13, 2007

Life is Not a Bowl of Blackberries

Research In Motion, the manufacturer of the Blackberry device, has sued LG for trademark infringement, reports Law Day. The complaint relates to LG's use of the names Black Label, Strawberry and Black Cherry for its cell phones. In addition, last December, RIM sued Samsung over its BlackJack phone.

Sounds to me like RIM has a case, in all of these instances, except perhaps Black Label. The others just look or sound too similar, or are too similar in meaning, to Blackberry. The trademark standard is "likelihood of confusion" - if the later trademark is likely to be confused with the first one, then the later mark is an infringement.

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