[TheScionicMan]

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.

So, BBM Canada suing RIM is an example of the American Way? Do you mean the North American way?

[trsbbs]

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.

I would agree with you if it only happened once. But twice within 30-60 days?

BBX and BBM?

The fact that this guy attempted to meet with RIM about it RIM didn't respond I think falls under arrogance.


Tim

[app_Developer]

I would agree with you if it only happened once. But twice within 30-60 days?

Plus, there is the fact that RIM filed for the trademark in 2009, and got a response from the examiner. RIM says their application was not rejected. However, it certainly wasn't granted either.

It would be interesting to read that examiner's response.

It sounds like their general counsel's office needs some new software. Or maybe a new general counsel.

[belfastdispatcher]

Before anybody's have ing a heart attack, may I remind you about the Jaguar that was trying to get Rim to sell was not the Jaguar car maker but a financial firm, or how the Porche design Blackberry was not actually Porche the car maker?

Many firms have the same name, this case is not even a name but an abreviation.

[sinsin07]

Before anybody's have ing a heart attack, may I remind you about the Jaguar that was trying to get Rim to sell was not the Jaguar car maker but a financial firm, or how the Porche design Blackberry was not actually Porche the car maker?

Many firms have the same name, this case is not even a name but an abreviation.

Porsche Design / Design by F.A. Porsche: The Porsche Design Studio was established in Stuttgart in 1972 by Professor Ferdinand Alexander Porsche, grandson of the Porsche founder and designer of the Porsche 911. It was relocated to Zell am See, Austria, in 1974. The 911 quickly became the very embodiment of the sports car and, like many other items designed by Professor F.A. Porsche, a design classic. In the decades that followed, numerous classic men’s accessories such as watches, eyeglasses, and writing utensils were created and marketed worldwide under the “Porsche Design” brand. At the same time, a large number of industrial products, household appliances, and consumer goods – even streetcars for the city of Vienna – were designed under the “Design by F.A. Porsche" brand for internationally known clients.

One down, one to go.

[belfastdispatcher]

Porsche Design / Design by F.A. Porsche: The Porsche Design Studio was established in Stuttgart in 1972 by Professor Ferdinand Alexander Porsche, grandson of the Porsche founder and designer of the Porsche 911. It was relocated to Zell am See, Austria, in 1974. The 911 quickly became the very embodiment of the sports car and, like many other items designed by Professor F.A. Porsche, a design classic. In the decades that followed, numerous classic men�s accessories such as watches, eyeglasses, and writing utensils were created and marketed worldwide under the �Porsche Design� brand. At the same time, a large number of industrial products, household appliances, and consumer goods � even streetcars for the city of Vienna � were designed under the �Design by F.A. Porsche" brand for internationally known clients.

One down, one to go.

"JaguarFinancial Corporationis amerchant bank that invests in undervalued small capitalization companies in a variety of industry sectors.Previously, the Company was a mineral exploration and development company."

Can't say anything about this one.

[sinsin07]

"JaguarFinancial Corporationis amerchant bank that invests in undervalued small capitalization companies in a variety of industry sectors.Previously, the Company was a mineral exploration and development company."

Can't say anything about this one.

Can't say, don't know what their registered trademark is. However, it is refreshing to at least see you make an effort to do your homework before you post nonsense.

[TBone4eva]

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.

Confusion in and of itself is not enough to successfully defend a trademark. BBM Canada would have to show that THEIR customers are confusing the two companies. The work that BBM Canada appears to do is so specialized that it is inconceivable that someone who is looking use BBM Canada's goods and services would confuse RIM's BBM with them. If you look at RIM's statement on the issue, they are saying the very same thing I stated in my earlier post.

[dandbj13]

Many who are desperate to defend RIM in this are failing to recognize the obvious. Remember when the Motorola Droid came out? The Droid name had to be licensed from Lucas for a zillion dollars, even though the case could have ben made that the Droid moniker was just short for Android. Verizon and Moto would have lost their shirts had they tried it.

Acer is finding out the hard way that you can't just profit from someone else's mark. The Transformer Prime is a clear play on the Hasbro property. Acer is being sued over that infringement. I suspect they will be taken to the cleaners as they deserve.

It does not matter that the Droid is a phone vs. a fictional movie character. It also does not matter that the Transformer Prime is a crap tablet as opposed to a cheap plastic toy. Hmmm... Anyway, that has no bearing on whether or not the companies are using the trademark belonging to someone else. I guarantee that if RIM released a product called Jello Pudding Pops, they would be sued for trademark infringement, as well a stupidity. It does not matter that their phone is not a tasty snack.

[trsbbs]

Add to this that when RIM attempted to get a trademark on BBM the office refused the application because BBM was already trademarked. (This per the many new articles).

But RIM used it anyway and put a TM next to it.
.

Double DOH!


Tim

Sent from my BlackBerry.

[DannyAves]

Sometimes you wonder what would have happened if Adam and Eve had trademarked the apple.

[dandbj13]

But RIM used it anyway and put a TM next to it.

This is the part that gets me, too. This is a most blatant middle finger to the trademark holder and certification body. I am certain that it is very illegal. It is a sign that RIM does not give a damn about the law or other people's property. This should have been apparent with the PB interface. If they wanted WebOS that badly, they could have bought it for pennies, or just waited till it went open source. RIM is exposed for the back room hacks they are.

Someone, please defend this TM thing that RIM is doing. I have to be missing something.

[TBone4eva]

Many who are desperate to defend RIM in this are failing to recognize the obvious. Remember when the Motorola Droid came out? The Droid name had to be licensed from Lucas for a zillion dollars, even though the case could have ben made that the Droid moniker was just short for Android. Verizon and Moto would have lost their shirts had they tried it.

Acer is finding out the hard way that you can't just profit from someone else's mark. The Transformer Prime is a clear play on the Hasbro property. Acer is being sued over that infringement. I suspect they will be taken to the cleaners as they deserve.

It does not matter that the Droid is a phone vs. a fictional movie character. It also does not matter that the Transformer Prime is a crap tablet as opposed to a cheap plastic toy. Hmmm... Anyway, that has no bearing on whether or not the companies are using the trademark belonging to someone else. I guarantee that if RIM released a product called Jello Pudding Pops, they would be sued for trademark infringement, as well a stupidity. It does not matter that their phone is not a tasty snack.

The thing with Lucas Arts, Transformers and Jello is different. The issue with Droid, Transformer Prime or Jello falls under Trademark dilution, which means the trademark name is famous enough that any use of it would cause confusion. For example, if I came out with a Nike tablet, instantly people would think it was the shoe company Nike, even though Nike doesn't make tablets. That would cause confusion and thus would be a trademark infringement. Trademark dilution is very limited, specific and only covers famous names. Examples like Sony, Coca-Cola, Nike. It doesn't cover last names. So, that why you can have a McDonald's Auto Dealership or Ford Restaurant. Therefore it is conceivable that Hasbro's customers seeing something called a Transformer Prime being advertised could possibly think the tablet has something to do with the Transformers brand even though it's a tablet and not a toy. The two are not related, but the Transformer name is famous enough to cause substantial confusion.

Add to this that when RIM attempted to get a trademark on BBM the office refused the application because BBM was already trademarked. (This per the many new articles).

But RIM used it anyway and put a TM next to it.
.

Double DOH!


Tim

Sent from my BlackBerry.

This is the part that gets me, too. This is a most blatant middle finger to the trademark holder and certification body. I am certain that it is very illegal. It is a sign that RIM does not give a damn about the law or other people's property. This should have been apparent with the PB interface. If they wanted WebOS that badly, they could have bought it for pennies, or just waited till it went open source. RIM is exposed for the back room hacks they are.

Someone, please defend this TM thing that RIM is doing. I have to be missing something.

The ™ symbol simply means it's an UNREGISTERED trademark. RIM tried to register the trademark BBM, the trademark office said it's already been registered so they can't register the trademark. This does not mean RIM can't use the trademark. Any one can use the ™ symbol, but only the registered owner of the trademark can use the � symbol. The registered owner has to prove that an infringement has occured in regards to the goods and services for which the trademark was registered. For BBM Canada to win an infringement, they would have to show that customers of their service in the TV and Radio industry, would confuse the two BBM names, that is not likely because BBM Canada's work appears to be so specialized. People errorously sending emails to BBM Canada thinking they are reaching RIM, while probably annoying to BBM Canada, is not the type of confusion that they can sue on. Those folks sending emails aren't looking for BBM Canada's services. Now, if BBM Canada's customers were errorously sending emails to RIM seeking goods and services from BBM Canada and it was causing confusion amongst BBM Canada's customers THEN BBM Canada would have more of a leg to stand on. It's not about defending RIM, it's about setting the record straight when it comes to Trademarked names. They aren't absolute and just because you own a trademark doesn't mean that no one can ever use it.

[dandbj13]

The thing with Lucas Arts, Transformers and Jello is different. The issue with Droid, Transformer Prime or Jello falls under Trademark dilution, which means the trademark name is famous enough that any use of it would cause confusion. For example, if I came out with a Nike tablet, instantly people would think it was the shoe company Nike, even though Nike doesn't make tablets. That would cause confusion and thus would be a trademark infringement. Trademark dilution is very limited, specific and only covers famous names. Examples like Sony, Coca-Cola, Nike. It doesn't cover last names. So, that why you can have a McDonald's Auto Dealership or Ford Restaurant. Therefore it is conceivable that Hasbro's customers seeing something called a Transformer Prime being advertised could possibly think the tablet has something to do with the Transformers brand even though it's a tablet and not a toy. The two are not related, but the Transformer name is famous enough to cause substantial confusion.





The � symbol simply means it's an UNREGISTERED trademark. RIM tried to register the trademark BBM, the trademark office said it's already been registered so they can't register the trademark. This does not mean RIM can't use the trademark. Any one can use the � symbol, but only the registered owner of the trademark can use the � symbol. The registered owner has to prove that an infringement has occured in regards to the goods and services for which the trademark was registered. For BBM Canada to win an infringement, they would have to show that customers of their service in the TV and Radio industry, would confuse the two BBM names, that is not likely because BBM Canada's work appears to be so specialized. People errorously sending emails to BBM Canada thinking they are reaching RIM, while probably annoying to BBM Canada, is not the type of confusion that they can sue on. Those folks sending emails aren't looking for BBM Canada's services. Now, if BBM Canada's customers were errorously sending emails to RIM seeking goods and services from BBM Canada and it was causing confusion amongst BBM Canada's customers THEN BBM Canada would have more of a leg to stand on. It's not about defending RIM, it's about setting the record straight when it comes to Trademarked names. They aren't absolute and just because you own a trademark doesn't mean that no one can ever use it.

Thanks for these explanations. BBM Canada has had the mark for sixty years. That may not make them famous, but it has got to count for something. Otherwise, trademarks are meaningless for small business owners.

[orleans1]

Perhaps Tim Horton's is waiting in the litigation line to sue for the use of RIM by Research in Motion. "Role up the RIM and win"

[nelsonpml]

Perhaps Tim Horton's is waiting in the litigation line to sue for the use of RIM by Research in Motion. "Role up the RIM and win"

LOL Best post of the day!



Sent from my BlackBerry® Torch™using Tapatalk

[Anipilot]

Thanks for these explanations. BBM Canada has had the mark for sixty years. That may not make them famous, but it has got to count for something. Otherwise, trademarks are meaningless for small business owners.

Nobody outside Canada are even aware of their existence, I'm sure 90% of the population in Canada will draw a blank expression too if they hear about it.
Where as all the people born in the last 60 years since BBM Canada existed are part of a culture that always use acronyms to speak everyday lingo so will always continue to say BBM rather than, blackberry messenger...it about the greater social good and not a small organisation's inconvenience ... Which I would have simply laughed off if I worked for BBM Canada.

[anon3396357]

The thing with Lucas Arts, Transformers and Jello is different. The issue with Droid, Transformer Prime or Jello falls under Trademark dilution, which means the trademark name is famous enough that any use of it would cause confusion. For example, if I came out with a Nike tablet, instantly people would think it was the shoe company Nike, even though Nike doesn't make tablets. That would cause confusion and thus would be a trademark infringement. Trademark dilution is very limited, specific and only covers famous names. Examples like Sony, Coca-Cola, Nike. It doesn't cover last names. So, that why you can have a McDonald's Auto Dealership or Ford Restaurant. Therefore it is conceivable that Hasbro's customers seeing something called a Transformer Prime being advertised could possibly think the tablet has something to do with the Transformers brand even though it's a tablet and not a toy. The two are not related, but the Transformer name is famous enough to cause substantial confusion.

The � symbol simply means it's an UNREGISTERED trademark. RIM tried to register the trademark BBM, the trademark office said it's already been registered so they can't register the trademark. This does not mean RIM can't use the trademark. Any one can use the � symbol, but only the registered owner of the trademark can use the � symbol. The registered owner has to prove that an infringement has occured in regards to the goods and services for which the trademark was registered. For BBM Canada to win an infringement, they would have to show that customers of their service in the TV and Radio industry, would confuse the two BBM names, that is not likely because BBM Canada's work appears to be so specialized. People errorously sending emails to BBM Canada thinking they are reaching RIM, while probably annoying to BBM Canada, is not the type of confusion that they can sue on. Those folks sending emails aren't looking for BBM Canada's services. Now, if BBM Canada's customers were errorously sending emails to RIM seeking goods and services from BBM Canada and it was causing confusion amongst BBM Canada's customers THEN BBM Canada would have more of a leg to stand on. It's not about defending RIM, it's about setting the record straight when it comes to Trademarked names. They aren't absolute and just because you own a trademark doesn't mean that no one can ever use it.

Great post TBone! I simply love facts and logic flying in the face of people who post without thinking/verifying information beforehand.

[youknwwho]

Hey, at least they don't called it BlackBerry Chat, which will be shorten to BB...C ??? That will be a heck more troubling for RIM

[undone]

And here I thought the thread title was all about the crackberry forums.