Member Avatar for John A

Research In Motion (RIM) is now suing the hand held maker Samsung, claiming that Samsung's new product named "Blackjack", released earlier last month, is causing lost revenues and misleading consumers into thinking that Blackjack is another product in the Blackberry line.

Now at first thought, the names don't seem very similar. In fact, I was wondering why RIM was even bothering to do a lawsuit other then to make money, rather than "making up lost revenues". But you'll understand when you see the actual pictures of these devices. They're so similar, no wonder RIM is claiming that they're losing revenue:
Blackjack:
[IMG][/IMG]
(image from smartphonethoughts.com)

Blackberry:
[IMG][/IMG]
(image from )

It's amazing that Samsung thought they could get away with this one. They're nearly identical in weight and size, and there's very little modifications made from the Blackberry design. Samsung's changed the market though. They've changed the device so that it's more aiming towards the entertainment market, with a built in MP3 player and a lower price tag then its Blackberry equivalent.

RIM said in the court statement, "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." A Samsung spokesmen declined to comment on the lawsuit.

The funny thing is that if Samsung hadn't have made the design and name so similar to RIM's, they probably would have had a pretty good chance of success with the device. The device is attractively priced at $199 with a contract, and who doesn't like an MP3 player? Unfortunately, Samsung decided they just had to be a copycat. I can only hope that Samsung loses in this lawsuit.

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Short, practical update and clarification for readers: Research In Motion filed the BlackBerry vs. BlackJack complaint in December 2006 and the parties reached a confidential settlement (the suit was dismissed) in early 2007; press reports say Samsung continued to sell the handset while agreeing limits around use of the name and withdrawing a trademark application. (macworld.com)

A few legal points that clear up the thread: words aren’t “patented” — patents protect inventions (how something works or a novel design), while trademarks protect brand names, logos and trade dress (how a product looks in the marketplace). Trademark claims turn on whether the accused name or look is likely to cause consumer confusion; U.S. courts and the USPTO analyze that using multi‑factor tests (the so‑called DuPont/likelihood‑of‑confusion inquiry) and dilution rules for famous marks under the Lanham Act. This directly answers ’s point: a word isn’t patented, but it can be protectable as a trademark depending on use and distinctiveness. (invent.org)

Practical next steps for anyone naming hardware or evaluating a potential conflict: search the USPTO trademark database (the Trademark Search and TSDR tools for status/documents), look for state/common‑law uses, search domain names and recent news, and check federal dockets (PACER) for pending litigation. If the name is important to your product, run a clearance search and get counsel — prevention is far cheaper than rebranding after a dispute. (libguides.rutgers.edu)

Note for readers who noticed the visual similarity (as did): courts consider overall commercial impression and trade dress (not just the word), so both naming and product styling matter. Brand owners routinely enforce marks; thoughtful naming and clear, distinct packaging/branding avoid most headaches. (uspto.gov)

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Member Avatar for 'Stein

I can only hope that Samsung loses in this lawsuit.

Roger that. :)

Member Avatar for Joni81

The word blackjack cannot be patented thats is abolsutely stupid.
Just because of the similiarity of the words it doesnt mean that they are trying to steal their brand name .. thats bs in my book

And its not even real blackjack like playing online i do play online how many of you guys actually play blackjack for money?

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