Marvel has asked the Trademark Trial and Appeal board to refuse the registration of BlackBerry's "Jarvis" trademark.
https://www.youtube.com/watch?v=5pp5...ature=youtu.be
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Marvel has asked the Trademark Trial and Appeal board to refuse the registration of BlackBerry's "Jarvis" trademark.
https://www.youtube.com/watch?v=5pp5...ature=youtu.be
Marvel and Nimbix opposing BlackBerry Jarvis trademark registration https://www.crackberry.com/marvel-an...k-registration
I'd kinda like to know where the developers at BlackBerry came up with the name Jarvis....
Hard to believe some trademark lawyers for BlackBerry didn't kick the name suggestion back before even applying for a trademark. It's just a dumb move on BlackBerry's part to use a common name for a product, and one the has been used in comics to represent Just A Rather Very Intelligent System... Which is what BlackBerry's product is...
I agree BlackBerry shouldn't be able to trademark the name... I don't think anyone should be allow to.
On the other hand, it's hard to make the case that this would create confusion among customers, which is the purpose of trademark protection. Does anyone really think a corporate IT department buyer will think they are buying a comic book IT system?
Posted with my trusty Z10
No one is going to confuse a smartphone with a robot either... but Disney get's a nice fee every time you see a Motorola Droid.
Disney is very, very big on IP protection - many on the newer trademark laws were created to protect their property. This is stage one, the July 18 filing opposes the mark that BlackBerry has filed for. But even without a trademark BlackBerry could use the name, they just wouldn't "own" it. Stage two will be Disney stepping in to prevent it's use by BlackBerry - or require them to License it.
Again... it was a dumb and costly move on BlackBerry's part. Should have called is HAL or SKYNET...
I'm not convinced it's such an open and shut case. The bar for a broad trademark for a person's proper name is quite high. Jarvis was a common name long before Marvel used it as acronym. For example, Amazon's trademark rights for "Alexa" wouldn't extend far beyond Voice Recognition and AI.
A judge could easily limit Marvel's protection to named AIs In science fiction or fantasy settings or rule that Jarvis can't be trademarked at all.
I think the preventing BlackBerry to trademark the name is pretty open and shut.... USPTO TTABVUE. Proceeding Number 91249621
As BlackBerry already has the JARVIS proper name trademarked for Computer application software that may be downloaded via global computer networks and electronic communication networks for use in connection with mobile computers, mobile phones, and tablet computers, namely, software for use as a voice controlled personal digital assistant.
BlackBerry's isn't a digital assistant...
Disney knows about fictional names getting used by them and made popular, and then others trying to benefit. They Trademark everything, including things that might be SciFi toady, but a reality tomorrow.
Still the bottom line is why even call their product Jarvis to begin with?
Wonder if Chen suggested the lawsuit, he was boasting about all the cash they've been sitting on, and was on the BOD of Disney wasn't he?
His prior actions have shown a propensity for this, whether fraudulent or not.... nanthealth, Cisco execs, etc.
He isn't boasting about cash anymore.... Cylance took most of it.
I do not see any way that they can copyright or have any trademark on the name Jarvis.
Been a whole line of Butlers by the name Jarvis going back for over 300 years.
The trade associations came about in the Victorian era and shortly before.
Can you have have a computer program called Jarvis which is a personal assistant app.
And then there is IBM Jarvis.
IncrediMail on Windows had a Jarvis Butler delivering mail.
The only people that can copyright the name but not trademark as an exclusive are business owners whose surname happens to be Jarvis.
But no company can bring in a person from outside so that they can claim the name Jarvis they have to own the company from the start and not one newly created to circumvent the law.
Then there are the towns and villages called Jarvis and they would certainly have presidents on the name.
So on the local and international laws you cannot effectively registere Jarvis as a name on its own.
And as for trade names they will be usually just unique in the area then after so many miles somebody else can have a different establishment of the similar name in a similar field in other words not directly competitive.
The USPTO will decide if BlackBerry deserves a trademark for JARVIS as they have requested. As it applies to "Design and development of computer software; Platform as a service (PAAS) and Software as a service (SAAS) services featuring software and software platform for use in performing vulnerability assessment and penetration testing; providing temporary use of on-line non- downloadable computer software for endpoint security, malware analysis, vulnerability testing, penetration testing, and vulnerability assessment"
The issue is not the proper name Jarvis... but how that name JARVIS applies to computer software. They might win, they might not.
But why even take the risk? Should have called is SIVRAJ...