RIM Sues Samsung over Blackjack Smartphone

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RIM suing Samsung over the use of the name “BlackJack” for Samsung's smartphone currently available through Cingular Wireless, alleging that it is a trademark infringement of RIM’s BlackBerry property.

Samsung’s BlackJack smart phone launched at Cingular Nov. 16. The phone features a slim design, wireless e-mail support and a QWERTY keyboard—much like RIM’s BlackBerry devices, including the company’s new Pearl device. RIM’s Pearl launched at Cingular Dec. 1, following its debut at T-Mobile USA Inc. in September.

RIM claimed in its suit that the BlackJack name, form factor, logo, product packaging and advertising campaign all are designed to capitalize on the BlackBerry’s reputation—and that the BlackJack mimics the Pearl to an unacceptable degree. The BlackJack’s name, appearance and publicity are intended to confuse consumers into thinking that the Samsung product is associated with or approved by RIM, which it is not. RIM argued that the situation will cause it irreparable injury and monetary damage.

RIM seeks an injunction against further sales of the device as well as monetary damages. The company is also asking the court to order all BlackJack products and packaging recalled and turned over to RIM for destruction. RIM did not offer a spokesperson to address the lawsuit.

According to an investor note on Dec. 7, CIBC World Markets said that the Pearl’s launch at T-Mobile USA led to strong sales for RIM in November, possibly leading to quarterly sales at “the high end of expectations.”

RIM’s Pearl faces direct competition from numerous vendors in the affordable, productivity-and-multimedia smart phone space in the United States market.

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RIM and Samsung have (perhaps) reached agreement on RIM’s December lawsuit against Samsung over the company’s BlackJack smartphone.

The settlement includes “immediate provisions for the protection of RIM’s valuable trademarks,” but those provisions remain largely undisclosed. RIM apparently disclosed that Samsung would withdraw its application for a trademark on the BlackJack smartphone and take “certain reasonable measures to avoid confusion in the marketplace.” The statement also referred to limitations on Cingular’s “retention of common law rights in the Blackjack trademark.”

RIM’s statement apparently spelled Blackjack with a lower case “j,” which might reflect one element of the agreement. One of RIM’s objections to Samsung’s “BlackJack” was that it confused consumers into thinking that Samsung’s device was somehow connected with or approved by RIM, whose BlackBerry devices use an uppercase “B.”

RIM alleged that the BlackJack’s name, form factor, logo, product packaging and advertising campaign all were designed to capitalize on the BlackBerry’s trademarks and reputation. RIM specifically cited its own Pearl device as a victim of Samsung’s product and campaign with Cingular.

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