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PDAStreet.com > News > RIM Sues LG Over 'Black,' 'Berry,' & 'Pearl'

RIM Sues LG Over 'Black,' 'Berry,' & 'Pearl'

By James Alan Miller
November 9, 2007

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When it comes to protecting its BlackBerry brand, Research In Motion (RIM) takes no prisoners.

RIM has filed a complaint in the U.S. District Court for the Central District of California to prevent LG Electronics from using the terms 'berry,' black,' or 'pearl' in the names of its mobile handsets..

The mob-e-mail leader filed a similar suit against Samsung over the BlackJack brand late last year. RIM didn't like Samsung using the word 'Black' in the name of the BlackJack smartphone—a Windows Mobile device that looks a lot like a BlackBerry, with its tablet shape and QWERTY thumb-keyboard underneath its display.

RIM and Samsung settled their dispute.

As with Samsung, RIM doesn't simply want LG to desist from using the aforementioned words, it would also like to see any LG phone model with them in its name destroyed.

According to globeandmail.com, the road that lead to this lawsuit began last year, when LG started to file applications with the U.S. Patent and Trademark Office to use 'Black' and 'Pearl' in the names of a number of phones: 'Black Label', 'Chocolate Black Label Series,' 'Black Jewel,' 'Black Jewelry, 'Blackruby,' 'Blackpearl,' and 'Pearlring.'

Then Verizon Wireless, which carriers LG's Chocolate music phone, asked RIM if it could use the names 'Black Cherry' and 'Blueberry' for some more LG product it planned on carrying. Although RIM denied the request, Verizon started selling Strawberry and Black Cherry branded Chocolate music phones anyway.

No doubt angering RIM even more; pouring gasoline on the simmering fire that would eventually leading RIM and LG today’s showdown.

Like with Samsung, RIM isn't naming the carrier responsible for offering the LG phones in its suit. After all, mobile operators like Verizon and AT&T are among RIM's best operator customers and source of new mob-e-mail addicts.

If RIM's case against LG follows the same trajectory as the one against Samsung, this matter could be over fairly quickly. While RIM and Samsung kept the details of their settlement close to the vest, we know the agreement included provisions RIM sought to protect its BlackBerry trademarks.

These provisions included imitations on the use of the Blackjack trademark, withdrawal of the trademark application for Blackjack, Cingular's (now AT&T) retention of common law rights in the Blackjack trademark, and other measures to avoid confusion in the marketplace.

AT&T is still selling BlackJacks and may soon roll out a BlackJack II. Perhaps, in the end, the same might be true for Verizon and the Black Cherry branded Chocolate.



Related Links:

  • RIM, Samsung Settle BlackJack Dispute
  • RIM Sues Samsung Over the Word 'Black' in BlackJack
  • Review: Verizon's Chocolate Music Phone - Sweet or Bitter?

     
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