Post by kelvin on Dec 15, 2006 15:39:08 GMT -5
URL: www.theglobeandmail.com/servlet/story/LAC.20061213.RRIM13/TPStory/Business
RIM sues Samsung over BlackJack device
Alleges the South Korean company has infringed on its iconic BlackBerry brand
POSTED ON 13/12/06
SIMON AVERY
TECHNOLOGY REPORTER
Sam Michelson was excited to hear Research In Motion Ltd. was rolling out a new BlackBerry this fall. He had a promotion for the Pearl written up on his retail website, AmericanCell.com, before the product was even released.
"The Cingular BlackBerry Pearl exceeded all expectations with its revolutionary engineering and design," the sales pitch read. Unfortunately, a writer at his company inserted a picture of the wrong smart phone on the page, Samsung Electronics Co. Ltd.'s new BlackJack device.
It was an honest mistake. Both phones are nearly identical in size, shape and colour.
"I guess we fell into the trap," Mr. Michelson said from Los Angeles yesterday. "We usually get it right."
How close to a BlackBerry is a BlackJack? Too close, according to RIM. The company has filed suit against Samsung, claiming the South Korean company has infringed on its iconic brand and engaged in unfair competitive practices.
Samsung recently launched its BlackJack smart phone in the United States with Cingular Wireless LLC. Similar to the BlackBerry Pearl, the device features mobile e-mail and Internet access, as well as a media player and camera. Inside, however, it is powered by rival software from Microsoft Corp.
RIM, of Waterloo, Ont., filed a complaint in the U.S. District Court for the central district of California on Friday, saying the BlackJack is deliberately seeding confusion between the two products in the marketplace. It has asked for an injunction and an unstated amount in damages.
"Samsung, by wrongfully using the BlackJack mark in commerce, is tarnishing, blurring, diluting, and/or disparaging RIM's reputation and goodwill, as well as RIM's famous BlackBerry marks," RIM said in its court filing. The allegations have not been proved.
Samsung Electronics is the world's second largest semiconductor maker after Intel Corp. Through a spokesman in the United States, Samsung said it does not comment on pending litigation.
Mr. Michelson said yesterday he was not aware of the lawsuit, but added there was definitely some confusion in his office on the part of a junior employee who mixed up the BlackBerry and BlackJack.
AmericanCell sells about 120 different cellphones on its site running on five carrier networks across the country. The company regularly prepares the text for new promotions before the products themselves are released in an effort to get search engines operated by the likes of Google Inc. and Yahoo Inc. time to crawl the pages. The practice means consumers are more likely to find the pages as soon as a product is listed for sale on the site.
The advertising error was picked up by editors at Rimarkable.com, a blog that tracks events related to the BlackBerry. Readers weighing in on the posting scoffed at the idea that consumers would ever confuse the two devices, labelling RIM's suit against Samsung as "petty" and "dumb."
But RIM's lawyers argued in their 14-page complaint that Samsung was deliberately infringing on "one of the most recognized and respected brands in the industry."
The name, design and packaging of Samsung's device are aimed at inducing customers to buy the BlackJack with the false impression the device is associated with the BlackBerry, RIM alleges. The name BlackJack "constitutes false designation of origin, unfair competition, and trademark dilution in violation of the laws of the United States," the filing said.
The suit comes just as Cingular Wireless begins offering the BlackBerry Pearl on its network, two months after the device made its debut through T-Mobile USA. Cingular sells more BlackBerrys than any other phone firm in the world.
RIM sues Samsung over BlackJack device
Alleges the South Korean company has infringed on its iconic BlackBerry brand
POSTED ON 13/12/06
SIMON AVERY
TECHNOLOGY REPORTER
Sam Michelson was excited to hear Research In Motion Ltd. was rolling out a new BlackBerry this fall. He had a promotion for the Pearl written up on his retail website, AmericanCell.com, before the product was even released.
"The Cingular BlackBerry Pearl exceeded all expectations with its revolutionary engineering and design," the sales pitch read. Unfortunately, a writer at his company inserted a picture of the wrong smart phone on the page, Samsung Electronics Co. Ltd.'s new BlackJack device.
It was an honest mistake. Both phones are nearly identical in size, shape and colour.
"I guess we fell into the trap," Mr. Michelson said from Los Angeles yesterday. "We usually get it right."
How close to a BlackBerry is a BlackJack? Too close, according to RIM. The company has filed suit against Samsung, claiming the South Korean company has infringed on its iconic brand and engaged in unfair competitive practices.
Samsung recently launched its BlackJack smart phone in the United States with Cingular Wireless LLC. Similar to the BlackBerry Pearl, the device features mobile e-mail and Internet access, as well as a media player and camera. Inside, however, it is powered by rival software from Microsoft Corp.
RIM, of Waterloo, Ont., filed a complaint in the U.S. District Court for the central district of California on Friday, saying the BlackJack is deliberately seeding confusion between the two products in the marketplace. It has asked for an injunction and an unstated amount in damages.
"Samsung, by wrongfully using the BlackJack mark in commerce, is tarnishing, blurring, diluting, and/or disparaging RIM's reputation and goodwill, as well as RIM's famous BlackBerry marks," RIM said in its court filing. The allegations have not been proved.
Samsung Electronics is the world's second largest semiconductor maker after Intel Corp. Through a spokesman in the United States, Samsung said it does not comment on pending litigation.
Mr. Michelson said yesterday he was not aware of the lawsuit, but added there was definitely some confusion in his office on the part of a junior employee who mixed up the BlackBerry and BlackJack.
AmericanCell sells about 120 different cellphones on its site running on five carrier networks across the country. The company regularly prepares the text for new promotions before the products themselves are released in an effort to get search engines operated by the likes of Google Inc. and Yahoo Inc. time to crawl the pages. The practice means consumers are more likely to find the pages as soon as a product is listed for sale on the site.
The advertising error was picked up by editors at Rimarkable.com, a blog that tracks events related to the BlackBerry. Readers weighing in on the posting scoffed at the idea that consumers would ever confuse the two devices, labelling RIM's suit against Samsung as "petty" and "dumb."
But RIM's lawyers argued in their 14-page complaint that Samsung was deliberately infringing on "one of the most recognized and respected brands in the industry."
The name, design and packaging of Samsung's device are aimed at inducing customers to buy the BlackJack with the false impression the device is associated with the BlackBerry, RIM alleges. The name BlackJack "constitutes false designation of origin, unfair competition, and trademark dilution in violation of the laws of the United States," the filing said.
The suit comes just as Cingular Wireless begins offering the BlackBerry Pearl on its network, two months after the device made its debut through T-Mobile USA. Cingular sells more BlackBerrys than any other phone firm in the world.