February 09, 2007

It was announced on Thursday that Research in Motion Ltd. (“RIM”) and Samsung Electronics Co. Ltd. (“Samsung”) settled their dispute relating to the use of the BlackJack name by Samsung. In December of last year, RIM filed suit in the U.S. District Court for the Central District of California, alleging that Samsung’s use of the BlackJack name for one of its smartphones infringed RIM’s own BlackBerry trademark. RIM further alleged that such usage “mislead[] the public into falsely believing that Samsung's goods and services are connected with RIM's business," and that Samsung’s use of the BlackJack name “constitutes false designation of origin, unfair competition and trademark dilution." Although the terms of the settlement are intended to remain confidential, it was announced that Samsung will withdraw its trademark application for SAMSUNG BLACKJACK (U.S. Trademark Application No. 78/962913, filed on August 29, 2006, IC 003 (for Mobile Phones)), but will continue to market and sell its smartphone under the name BlackJack.

Reuters News Article: LINK
CNET News Article: LINK
U.S. Trademark Application No. 78/962913: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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