[jimbob4321]

BBM Canada hits RIM with trademark infringement over BBM use | MobileSyrup.com

just came across this article. Either its a way to push RIM to settle, or a sign that things going downhill .. quickly....

[1812dave]

Gee, I wonder why this didn't come up ages ago? How long has RIM's BBM been around?

[spike12]

In case people are wondering what it is bbm canada is:

BBM Canada - Wikipedia, the free encyclopedia

[jimbob4321]

Gee, I wonder why this didn't come up ages ago? How long has RIM's BBM been around?

regardless of who has been around for longer ... i would still say that this does not bode well for RIM. Its just been news after news and sadly, most, if not all, are negative .. here's to hoping for a better 2012

[llllBULLSEYE]

The way this is going pretty soon the Blackberry Fruit is gonna
sue RIM for using its name.

[bbmme]

hmmmm
I always thought it was called "blackberry messenger"?
Us as consumer called it "bbm" for short?
Interesting

[psiclne]

BlackBerry - BBM Music - Download BBM Music - BBM Music US - Messenger

That's marketed as BBM-music

[JAGWIRE]

if you think about it when BBM first came out it was called BlackBerry Messenger and every used the long and annoying name. its us the consumers that started calling it BBM and RIM just went with it. so yes i agree with Blaze on his article he just put up that RIM is stupid for not looking into it before making it official. just saying that they arent the only ones to blame....hopefully we get to keep BBM *fingers, toes, and eyes crossed*

[TheScionicMan]

I can see the obvious confusion...

"Hey, BBM me"
"You want me to rate your viewership?"

[howarmat]

I cant see this going anywhere at all. Perhaps they would have to quit using it when referring to BBM Music service but that would be it.

[sosumi11]

Gee, I wonder why this didn't come up ages ago? How long has RIM's BBM been around?

According to The Globe this has been bouncing around since 2010.

In 2010, when RIM began the BBM-focused advertising campaign, the company applied for a “BBM” trademark, but was advised by the Canadian Intellectual Property Office, in a letter dated Feb. 24, 2010, that the trademark “was not registerable,” according to court documents.

Mr. MacLeod said he first saw the BBM advertisements when he threw back hotel curtains in New York City and saw a building-sized ad gleaming across Times Square. Soon after, BBM Canada said its own employees started being mistaken for RIM employees, and that people began phoning its subsidiary company – BBM Analytics Inc. – for client support related to RIM’s messenger service.

The executive said he is well aware that RIM is massive compared to his own relatively unknown organization, and that it would be easier for BBM Canada to rebrand itself than for RIM to rebrand a fast-growing service with tens of millions of users. Mr. MacLeod said he offered to rebrand BBM Canada, if RIM covered the costs, but says he received no answer. A request for a meeting with one of RIM’s chief executives was similarly unsuccessful.

After reaching out to RIM and getting nowhere, Mr. MacLeod said BBM Canada was forced to file a lawsuit alleging trademark infringement, which it did on Aug. 12, 2010. The industry group is seeking an injunction stopping RIM and its employees from using the term BBM, as well as damages for infringement and punitive damages.

A RIM spokesperson said the company doesn’t comment on pending litigation.

The BBX and BBM cases are not related, but one source close to RIM said the company’s legal department advised top executives that BBX was trademarked and that the company should pursue a different name. The decision to disregard that advice, the source added, would almost certainly have had to come from one of RIM’s top executives.

“We don’t want to pile on the troubles of RIM – this predates RIM’s troubles – but from our point of view, this is a very serious situation,” Mr. MacLeod said. “If the big guy who can throw the most money at it can take your trademark, why do you even have trademark law?

[belfastdispatcher]

It's still called blackberry messenger, not bbm.

[amazinglygraceless]

I cant see this going anywhere at all. Perhaps they would have to quit using it when referring to BBM Music service but that would be it.

I have two different opinions on this.

1) Given RIM's strict protocol for app names in App World, (can't contain "Berry") it would
seem to me that the Canadian courts would would apply the same logic RIM uses, that
is the use of any part of a trademarked name would lead to confusion in the
market place. - Court rules against RIM.

2) RIM will not change the name of BlackBerry Messenger to anything else and I don't
see where cause could be shown that they should. Since it was the end users that
truncated the app name to BBM it can be argued that RIM did not intentionally violate
BBM Canada's trademarked name. Also, the millions of users will still call it BBM no matter
(sort of you can't get the s*#t back in the horse) - Court rules for RIM

[BBBrooklynFAN]

Since it was the end users that
truncated the app name to BBM it can be argued that RIM did not intentionally violate
BBM Canada's trademarked name.

Simply wrong.

RTFA

[Sith_Apprentice]

In the article it states that BBM.ca asked RIM to fund their name transition. I see this as the most likely outcome. RIM will cut a check and be done with it.

[TBone4eva]

I think RIM will win this one. A trademark is not absolute. It's not like a patent. You register a trademark for specific goods and services. This is why BASIS won its lawsuit against RIM for BBX. Even though they aren't direct competitors, BBX is software used on mobile devices so there was a legitimate concern on BASIS' part about confusion of its product with RIM's since the goods and services overlap. RIM isn't in the TV and radio business so how would BBM Canada's customers confuse them with RIM's service?

[trsbbs]

The issue is the name of RIMS new music sharing app BBM Music, not Blackberry Messenger so much.
updated. I found a number of webpages on RIM website with the BBM name and a "tm" following it.
So it looks like RIM stepped all over themselves again.

Damn I want them to do better,,,but...

You would think a company as large as RIM would research this and have their ducks in a row before they make such a move.

We shall see if they can pay off the other BBM or if they have to call this something else.

Tim

[trsbbs]

Looks like little BBM is willing to sell its soul to big BBM now.

It also looks like they (little BBM) tried to work something out earlier but RIM blew them off.

RIM now faces legal challenge on BBM trademark


"The company's chief executive, Jim MacLeod, said he wants RIM to stop advertising the BBM moniker but would also consider changing his much smaller company's name, for a price."

"MacLeod sought a meeting to discuss the issue with RIM co-CEO Jim Balsillie several months ago, but said he has received no response."

Arrogance or stupidity on RIMs part?

Tim

[gord888]

Looks like little BBM is willing to sell its soul to big BBM now.

It also looks like they (little BBM) tried to work something out earlier but RIM blew them off.

RIM now faces legal challenge on BBM trademark


"The company's chief executive, Jim MacLeod, said he wants RIM to stop advertising the BBM moniker but would also consider changing his much smaller company's name, for a price."

"MacLeod sought a meeting to discuss the issue with RIM co-CEO Jim Balsillie several months ago, but said he has received no response."

Arrogance or stupidity on RIMs part?

Tim

If i had a company called "bobs boat machinery" and wanted a meeting with Jim/Mike... do you think anyone would give a hoot?

[TBone4eva]

I guess you call it arrogance, but again BBM Canada and RIM are not direct competitors nor are they involved in a related industry. I don't see how any would-be customer in the TV or Radio industry would confuse BBM Canada with RIM. So, why spend money that you don't need to spend just because someone says your infringing on their trademark?

[addicted44]

If i had a company called "bobs boat machinery" and wanted a meeting with Jim/Mike... do you think anyone would give a hoot?

If they owned the trademark to a term aroundf which I was gonna design a massive marketing push, I'd be out of my mind not to give a hoot.

Especially if I had just had embarrassed my firm because of another trademark issue.

This was such an avoidable situation that it is amazing RIM let it get this far. They could have paid small potatoes to buy the trademark, but instead out of arrogance/laziness/stupidity they are faced with a lawsuit, additional expenses and distractions, and more negative press.

[BBMforLife]

i couldn't cope again without BBM!!

when it went down in england I was so upset!

[addicted44]

I guess you call it arrogance, but again BBM Canada and RIM are not direct competitors nor are they involved in a related industry. I don't see how any would-be customer in the TV or Radio industry would confuse BBM Canada with RIM. So, why spend money that you don't need to spend just because someone says your infringing on their trademark?

If you read the article there s enough evidence that customers are indeed confusing the two, to the detriment of the smaller company, but more importantly to the detriment of the trademark holder.

Unless the guy is lying, reality is showing that there is confusion.

[gord888]

If they owned the trademark to a term aroundf which I was gonna design a massive marketing push, I'd be out of my mind not to give a hoot.

Especially if I had just had embarrassed my firm because of another trademark issue.

This was such an avoidable situation that it is amazing RIM let it get this far. They could have paid small potatoes to buy the trademark, but instead out of arrogance/laziness/stupidity they are faced with a lawsuit, additional expenses and distractions, and more negative press.

So it was probably forwarded onto the legal department which is probably backlogged with hundreds of other frivolous lawsuits and threats that is the American way. I wouldn't say it was laziness, arrogance or stupidity... it was an oversight - possibly a miscommunication between marketing and legal departments.

[addicted44]

So it was probably forwarded onto the legal department which is probably backlogged with hundreds of other frivolous lawsuits and threats that is the American way. I wouldn't say it was laziness, arrogance or stupidity... it was an oversight - possibly a miscommunication between marketing and legal departments.

Fair enough. However, this coming in the wake of the BBX fiasco, it does look like more than an oversight. At best, it probably means that the Trademark team is highly dysfunctional.

Also, ignoring BBM Canada's requests wasn't the only screw up here. Let's not forget that the RIM trademark team's due diligence was woefully lacking when they decided to adopt a user generated nickname as an official marketing and product term.