RIM has decided to take LC Electronics to court over some trademarks and have just filed a complaint in the U.S. District Court for the Central District of California. RIM is attempting to stop any LG wireless device from using words such as Black, Berry or Pearl in their name. LG is currently using names such as Black Label, Strawberry and Black Cherry. Similar yes, but the same I am not sure.
“The aforesaid actions of LG have caused, and, unless enjoined, will continue to cause monetary damage and irreparable injury to RIM and the BlackBerry marks for which there is no adequate remedy at law,” Waterloo, Ont.-based RIM said.
I will not argue that one must strongly defend their trademark, to me it seems RIM is taking this to an extreme. They are asking for “the destruction of all LG goods with Pearl, Berry or Black in their names.” Of course they are also seeking unspecified damages. In the past Samsung has also run into trouble with RIM with the Blackack, RIM had stated the name was similar and caused confusion between the BlackJack and BlackBerry, that suit was later settled and as we all know the BlackJack is still among the popular handsets carried by AT&T.
This complaint dates back to March of 2006 when LG requested to use the “Black Label Brand”, following that brand request they also filed patent applications for names such as Chocolate Black Label Series, Black Jewel, Black Jewelry, Blackruby, Blackpearl, and Pearlring.